( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3346 OF 2010 1. Ashok Sakharam Shekatkar, R/o Sidharthnagar, Tq. and District Ahmednagar. 2. Vitthal Baban Umap, R/o Siddharthnagar, Tq. and Dist. Ahmednagar. APPLICANTS VERSUS The State of Maharashtra RESPONDENTS WITH CRIMINAL APPLICATION NO. 3347 OF 2010 1. Laxman @ Sandip Arun Shekatkar, R/o Siddharthnagar, Tq. and District Ahmednagar. 2. Sunil Dadu Vairal, R/o Siddharthnagar, Tq. and Dist. Ahmednagar. 3. Balu Shivdas Ghorpade, R/o Siddharthnagar, Tq. and District Ahmednagar. APPLICANTS VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO. 3497 OF 2010 1. Rahul Snil Shekatkar, R/o Siddharthnagar, Tq. and Dist. Ahmednagar. 2. Vikrant Arjun Kuchekar, R/o Siddharthnagar, Tq. and District Ahmednagar. 3. Santosh Madhukar Thokal, R/o Siddharthnagar, Tq. and Dist. Ahmednagar. ( 2 ) 4. Vijay Rangnath Vairal, R/o Siddharthnagar, Tq. and District Ahmednagar. APPLICANTS VERSUS The State of Maharashtra RESPONDENTS ..... Mr. Ajit S. Zarekar, advocate for the applicants in all the three applications. Mr. B.J. Sonawane, APP for the respondent/State in all the three applications. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th September, 2010] PER COURT : 1. These are applications for directions under section 438 of the Criminal Procedure Code. 2. Allegedly, on 1st August, 2010, the main accused by name Anil Shekatkar, alongwith the present applicants, intruded in the residential house of complainant - Pandit Waghmare and assaulted his family members by means of wooden sticks/stumps. It is alleged that Anil Shekatkar had pointed a sword at the neck of mother of the complainant, gave her abuses and threatened that she would be done to death. 3. Upon hearing learned advocate for the applicants and learned A.P.P. and on going through the relevant injury certificates, etc., what transpires is that said Anil ( 3 ) Shekatkar had lodged FIR immediately after the incident which had occurred in the evening of 1st August, 2010, alleging that complainant Pandit Waghmare had pointed a pistol at him. It was alleged that when his cousin Sachin Shekatkar had intervened, complainant Pandit Waghmare had stabbed said Sachin by means of a knife. The copy of the medical certificate issued by City Care Trust hospital shows that said Sachin Shekatkar was found to have been injured and there were multiple injuries which comprised of lacerated wounds and sutured wounds. It is prima facie clear that Sachin Shekatkar received injuries, may be by use of sharp edged weapon like knife during the course of same incident which allegedly occurred on 1st August, 2010. It further appears that the incident occurred during a procession taken out on eve of Annabhau Sathe Jayanti. On this background, the injury certificates, relied upon by the prosecution, indicate that no visible injury was found on person of complainant Pandit Waghmare though he alleges that he was assaulted by means of wooden stump. The injuries found on person of Ganesh, Kisan, Sagar, etc. are of simple nature. The learned advocate for the applicants states that Anil Shekatkar was arrested and has been now released on bail. So far as the role of the applicants is concerned, it can be said that they might have ( 4 ) been implicated being in the company of Anil Shekatkar and their arrest is not necessary for the purpose of effective investigation as such. It is also probable that due to counter complaint filed by Anil Shekatkar regarding the assault mounted on his cousin Sachin Shekatkar, the present complaint was lodged by Pandit Waghmare by way of counter- blast. 4. Considering the foregoing reasons, the applications are allowed. The applicants in all these three applications are directed to be released on bail on furnishing of bail bonds as per order dated 25th August, 2010 and that on condition that they will attend the concerned Police Station between 10 A.M. to 2 P.M. on each Sunday for four (4) consecutive Sundays, or till filing of the chargesheet, whichever is earlier, and that, their anticipatory bail will come to an end on filing of the chargesheet. [V.R. KINGAONKAR] JUDGE NPJ/criapln3346-10-group ( 5 )