1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2622 OF 2010 Ahmad Bamusa A.Rahim and others ...APPLICANTS VERSUS The State of Maharashtra. ...RESPONDENT ... Mr.Joydeep Chatterjee, Adv., for the applicants. Mrs. V.A.Shinde, A.P.P., for the respondent State. ... CORAM: A.V.POTDAR, J. DATE :21-7-2010 *** PER COURT : 1. By the present application, the applicants have approached this Court, seeking anticipatory bail in connection with Crime No.107 of 2010 registered in Pathri Police Station of district Parbhani for the alleged offense under Sections 147, 148, 149, 452, 323, 504, 506 of IPC and certain Sections of Arms Act. 2. Record shows, initially, interim 2 protection was granted to all these applicants vide order of this Court dt.12th July, 2010. 3. Today, when the application came up on Board for final hearing, heard Counsel for the applicants and also learned A.P.P. for the respondent State. Perused papers of investigation as well as the documents annexed with the application. Perusal of the complaint in Crime No.107/2010 discloses that the incident took place at three places. It appears that the first incident took place around 11.00 p.m. near Durani Petrol Pump wherein there is allegation by the complainant by name Kalu Pasha that, when he was at Durrani Petrol Pump, the applicant nos. 1 and 2 came there and demanded money in connection with some vehicle. When questioned, why he is asking money about the vehicle, remaining applicants came there and assaulted him with kick and fist blows. 4. The second incident narrated is the incident that occurred in the midnight around 1.30 a.m. wherein there is allegation against the applicant no. 1 and applicant no.3 that they were armed with swords while remaining persons were unarmed and, forcibly, they entered in the residential premises of the complainant and assaulted and threatened the complainant and his family members. Even though there is allegation 3 about first and third applicant, having deadly weapons in the hand, there is no reference that the weapons were used. The third incident is of 10 a.m. of the following day as these applicants threatened the complainant, when he was near the cattle market. 5. The papers produced along with the application also show about the incident of 11 p.m. of 19th June, 2010. Complaint was also lodged by the first applicants against the complainant in Crime No.107/2010 and 16 others as there is dispute between first applicant and the complainant in Crime No.107/2010 that the complainant in Cr.No.107/2010 has stolen two cows of the first applicant which he had allegedly sold in the cattle market about two weeks back. When first applicant inquired about this theft, it is assured that he will purchase cows in the next week in the cattle market and will hand over the same to him. It appears that there is reference that the applicant no.1 was called by the complainant in Complaint No.107/2010 in the night near Durrani Petrol Pump. Accordingly, first applicant went near the Durrani Petrol Pump and when he was questioning, complainant and the associates of the complainant in Crime No. 107/2010 attacked on these applicants. There is also allegation about some of the associates of the complainant in Crime No.107/2010 were armed 4 with swords but no reference is there about use of those swords during the said scuffle. 6. By pointing out these two First Information Reports filed by the complainant party as well as the applicant party, it is indicated that there is dispute on account of theft of cows between both the groups. There are allegations and counter allegations against each other that some of the associates of the applicant party as well as complainant party were armed with weapons but, it appears that both the parties have taken due care while their statements were recorded by the Police during investigation that those arms were not used. It is contended by learned A.P.P. that there are criminal antecedents against the first applicant in this application of the offense of the year 2008 in which he was acquitted. There is reference of one more Crime against the first applicant in the year 2010 but the fact cannot be overlooked that this complaint is the off-shoot of which Crime No.108/2010 is also another crime out of the same incident and if it is so and considering the nature of injuries, which both the parties have received due to fist and kick blows and the crimes are registered against each other, because of this rivalry, then the case is made out to enlarge the applicants under extraordinary discretion of this Court. In view 5 of this, following order: ORDER (a) Application is allowed. Interim protection granted on 12th of July, 2010, is hereby confirmed till filing of the chargesheet. (b) The applicants to cooperate with the investigating agency and to attend Pathri Police Station, Pathri, if called under written intimation. Application stands disposed of accordingly. [A.V.POTDAR, J.] agp/2622-10crapl