1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3618 OF 2011 1 Vikram s/o Bhojraj Malve, age 52 years, occ. Service, r/o Khandali, Tq. Gangakhed, Dist. Parbhani, 2 Manoj s/o Vikram Malve, age 19 years, occ. Education, r/o as above, 3 Janardhan s/o Bhojraj Malve, age 73 years, occ. Agril., r/o as above. 4 Ramesh s/o Janardhan Malve, age 22 years, occ. Education, r/o as above. 5 Umesh s/o Janardhan Malve, age 19 years, occ. Education, r/o as above. ...Applicants VERSUS 1 The State of Maharashtra, through Police Station Pimpaldari, District Parbhani, 2 The Superintendent of Police, Parbhani, Dist. Parbhani ...Respondents ..... Shri S.J.Salunke, advocate for applicant nos. 1 to 5 Shri B.V.Wagh, A.P.P. for respondent nos. 1 and 2 ..... 2 CORAM : SHRIHARI P.DAVARE, J. DATED : 7th September, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose and heard respective learned counsel for the parties finally. 2 After hearing the learned counsel for the parties extensively, at the out set, Shri Salunke, learned counsel appearing for applicant nos. 1 to 5, on instructions, seeks leave to withdraw the present application in respect of applicant no.1 Vikram, applicant no. 2 Manoj, applicant no.4 Ramesh and applicant no. 5 Umesh. In view of the said submission, leave granted and present application stands dismissed as withdrawn to the extent of applicant nos. 1, 2, 4 and 5 and stands disposed of finally. 3 As regards applicant no.3 Janardhan Bhojraj Malve, he is seeking anticipatory bail apprehending his arrest under C.R. No. 64 of 2011, registered at Pimpaldari police station, 3 District Parbhani, for the offences punishable under Sections 307, 147, 148, 149, 324, 323, 504, 506 and 34 of the Indian Penal Code. 4 It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely Maroti Shivraj Pawar on 28.6.2011 in respect of the occurrence of the incident at about 1800 hours on 27.6.2011. 5 Learned counsel for applicant no.3 invited my attention to the fact that said applicant no.3 Janardhan Bhojraj Malve had also filed complaint bearing C.R. No. 66 of 2011 on 1.7.2011 in respect of occurrence of the incident at 1730 hours on 27.6.2011 and submitted that during the occurrence of the said incident, he has sustained the injuries at the hands of the assailants i.e. accused persons mentioned therein. 6 Learned counsel for applicant no.3 pointed out that said applicant no.3 Janardhan was at Rani Sawargaon, Taluka Gangakhed, District Parbhani before the Medical Officer at 6.00 p.m. on 27.6.2011 as per case paper Exh.’I’ (page 48). It is also 4 pointed out by the learned counsel for applicant no.3 from the Medico Legal Certificate, which is produced at Exh. ‘I’ herein (page 50), that Janardhan sustained head injury and suffered contused lacerated wound and loss of teeth and date of said medical examination is shown as 27.6.2011 at about 8.45 p.m. Moreover, it is also submitted that said applicant no.3 Janardhan is about 73 years old and relied upon the copy of the Election Identity Card, produced at Exh. ‘C’ (page 16) in that respect. It is also canvassed by learned counsel for applicant no.3 that although the first information report discloses the name of applicant no.3, no specific role has been attributed to him in the occurrence of the incident. 7 Considering the afore said aspects and also considering the accusations made against applicant no.3 and further considering the above referred injuries sustained by him and also considering his age i.e. 73 years, I am of the view that there is no necessity of custodial interrogation of applicant no.3 for the further progress in the investigation, and hence, applicant no.3 deserves anticipatory bail. 5 8 In the result, present application is partly allowed to the extent of applicant no.3, namely Janardhan Bhojrao Malve and it is directed that in the event of arrest of applicant no. 3 under C.R. No. 64 of 2011, registered at Pimpaldari police station, District Parbhani, he be released on bail on his furnishing P.R. bond in the sum of Rs.15,000/-, with one surety in the like amount, on the following conditions :- (i) Applicant no. 3 shall give attendance before the concerned investigator once in a week i.e. on every Friday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) Applicant no. 3 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9 Present application, as regards applicant nos. 1- Vikram, 2-Manoj, 4-Ramesh and 5-Umesh stands dismissed as withdrawn, as mentioned herein above. 6 10 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 11 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3618.11