FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 4206 OF 2011 1- VISHAL @ BANDU CHANDRAKANT DHALE 2- Vinayak @ Balu Chandrakant Dhale. 3- Ranjeet Gangadhar Ralebhat. 4- Abhijeet Gangadhar Ralebhat. VERSUS THE STATE OF MAH AND ANR ... Advocate for Petitioner(s) : Mr Hon Vinayak D. APP for Respondent(s): Mr B.V.Wagh .. CORAM : SHRIHARI P. DAVARE, J. Dated: October 07, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. After hearing the learned respective counsel for the parties extensively, Mr. Hon, learned counsel for the applicants, on instructions, seeks leave to withdraw present application to the extent of applicant No.4] Abhijeet Gangadhar Ralebhat. 3. In view of said submission, leave granted and present application stands dismissed as withdrawn and disposed of finally to the extent of said applicant No.4. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 4. As regards other applicants 1 to 3, they have preferred present application seeking anticipatory bail, apprehending their arrest under Crime No.I-142/2011, registered at Jamkhed Police Station, District Ahmednagar for the offences punishable under sections 307, 143, 147, 148, 149, 504, 506 of Indian Penal Code and 4/25 of Arms Act and 37 (1) (3) of Bombay Police Act. 5. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Mahendra Rajendra Supekar on 11.9.2011. The contents of the said complaint reflect that applicant nos. 2 to 4 had caught hold of the complainant/victim during the occurrence of the incident at about 4.00 p.m. on 11.9.2011 and allegedly facilitated the applicant No.4 Abhijeet to assault the complainant on his head by sword. Accordingly role/overt act attributed to the applicant nos. 1 to 3 is that they simply caught hold of the victim/complainant during the occurrence of the incident and not beyond that. Moreover, nothing is to be recovered from the applicant nos. 1 to 3 during the course of investigation, since main role is attributed to the applicant No.4 Abhijeet, and present application has been withdrawn by the learned counsel for the applicant as aforesaid to his extent. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 6. However, grievance was made by the complainant by sending letter to concerned police station on 14.9.2011 that the applicants herein are influencing/pressurizing him as well as to the witnesses. Said grievance can be met with by putting the condition upon the applicants not to influence/pressurize the witnesses and said applicants also can be directed to reside outside the periphery of Jamkhed Taluka till filing of the charge sheet and accordingly, applicant nos. 1 to 3 deserve grant of anticipatory bail, on certain conditions :- 7. In the circumstances, considering the accusations made against the applicants and nature and gravity thereof, apparently there is no necessity of custodial interrogation of the applicants 1 to 3. Hence, present application is required to be allowed in respect of applicant nos. 1 to 3. 8. In the result, present application is allowed partly to the extent of applicant No.1] Vishal @ Bandu Chandrakant Dhale, 2]- Vinayak @ Balu Chandrakant Dhale and No.3]- Ranjeet Gangadhar Ralebhat and it is directed that, in the event of their arrest under Crime No.I-142 registered with Jamkhed Police Station, District Ahmednagar, they be released on P.R. Bond in the sum of Rs.15,000/- each with one surety in the like amount, by each of them on the FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders following conditions :- i) That the applicant nos. 1 to 3 shall give attendance before the concerned Investigator once in a week i.e. on every Saturday between 05.00 p.m. to 07.00 p.m. till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant nos. 1 to 3 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. iii] The applicant nos. 1 to 3 shall reside outside the limits of Jamkhed Taluka till the filing of the charge sheet except giving attendance to Jamkhed Police Station on every Saturday as mentioned herein above and the applicant nos. 1 to 3 shall inform their changed address to the concerned investigator forthwith. 9. Present application stands disposed of finally. 10. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***