1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2924 OF 2011 Babu s/o Gopa Chavan ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri Sachin Deshmukh, advocate for applicant Shri B.V.Wagh, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 5th 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 This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest under C.R. No. 72 of 2011, registered at Murum police station, District Osmanabad for the offences punishable under Sections 326, 2 323, 504, 506 r/w 34 of the Indian Penal Code. 3 At the out set, the applicant has been granted interim anticipatory bail by this Court on 11.7.2011 and same is effective till today. 4 It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely Dhanraj Chavan. It appears that the alleged incident occurred on 5.6.2011 and non-cognizable offence was registered on the same day. It also appears that after receipt of injury certificate, first information report came to be lodged on 12.6.2011. 5 It further appears from the first information report, as well as the supplementary statement, dated 12.6.2011 of the complainant that the applicant and the complainant are brothers of each other and on 5.6.2011 at about 6.00 p.m. the applicant and his wife Shevantabai gave abuses to the complainant and his wife Rakmabai and assaulted their daughter, namely Aarti and gave threats to kill them and the applicant gave a fist blow on the ear of the complainant. 3 6 The injury certificate discloses that the complainant sustained grievous injury and the opinion was reserved as the patient was referred to S.D.H. Omerga for E.N.T. opinion, and accordingly, there is traumatic perforation of left ear drum. It is also submitted that the complainant has been discharged from the hospital. It is further submitted that the co-accused, namely Shevantabai has been granted anticipatory bail by the learned Sessions Court. 7 Having the comprehensive view of the matter and considering the accusations made against the applicant, it appears that there is no necessity of custodial interrogation of the applicant for further progress in the investigation, and therefore, interim anticipatory bail granted to the applicant deserves to be made absolute. 8 In the result, present application is allowed and order dated 11.7.2011 granting interim anticipatory bail by this court, stands confirmed on the following conditions :- 4 (i) The applicant shall give attendance before the concerned investigator, twice in every week i.e. on Tuesday and Friday between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet and shall cooperate in the investigation. (ii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9 It is made clear that 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 the same on merits. 10 Parties to act on the authenticated copy of this order duly certified by the Court Sheristedar. 11 The present application stands disposed of finally. (SHRIHARI P. DAVARE, J.) dbm/crap2924.11