Cri. Apln. No. 1807/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1807 OF 2011 1. Navnath @ Pappu S/o. Bapurao Baravkar, Age 27 yrs., Occu. Agri., 2. Hanumant S/o. Bapurao Baravkar, Age 24 yrs., Occu. Service, R/o. Sane Guruji Hostel, Swargate, Pune. 3. Bapu S/o. Bhausaheb Baravkar, Age 50 yrs., Occu. Agri., Applicant Nos. 1 & 3 R/o. Dhokari Mal, Tal. Shrigonda, Dist. Ahmednagar. ....Applicants. Versus 1. The State of Maharashtra and another ....Respondents. Mr. N.V. Gavare, Advocate for applicants. Mr. S.G. Nandedkar, APP for respondents. CORAM : T. V. NALAWADE, J. DATED : 7th June, 2011. PER COURT : 1. This application is filed under section 438 of Criminal Procedure Code in Cr. No. 76/11 registered with Shrigonda Police Station, District Ahmednagar. The crime is registered for the offence under sections447, Cri. Apln. No. 1807/11 2 326, 427, 323, 504, 506 read with 34 of the Indian Penal Code. 2. One Deepak Manikrao Bhosale has given report against the applicants that on 27.3.2011 the three applicants came to his property with JCB etc. and they pulled down his construction. He has made allegations that when he questioned the applicants, they started giving abuses to him in the incident. The applicant No. 1 assaulted a man of complainant by name Sagar Bhosale by using instrument like hexa blade. Bleeding head injury was caused to the head of Sagar Bhosale. The names of witnesses are given in the report. The papers of investigation are produced. The papers of investigation show that there is a spot panchanama, showing that the construction of the complainant was demolished by using JCB etc. There is also injury certificate in respect of Sagar Bhosale, showing that it was bleeding head injury and city scan was advised. 3. The advocate for the applicants submitted that the allegations are made mainly against applicant No. 1. He has submitted that applicant No. 2 is working as an Engineer at Pune and he was not present at the spot. He has submitted that there was no reason for applicant No. 3, father of applicant No. 1, to go at the spot and they are falsely implicated to pressurise them. It was submitted that the complainant wants to purchase the remaining property of the accused and that is why they are Cri. Apln. No. 1807/11 3 falsely implicated. 4. The police papers shows that there is sufficient material to make out the case of offence of trespass and offence of causing damage to the property of the complainant. There is also material on record to show that dangerous weapon was used for assaulting and causing the injury to Sagar Bhosale. The weapon is not yet recovered. The advocate for the applicants submitted that applicants can be made available for the purpose of interrogation and they will co-operate during investigation. The interim order was made on 26.4.2011. But in spite of that order, no progress is made by police in their investigation. In view of the aforesaid circumstances, the relief can be granted only to applicant Nos. 2 and 3. As there are specific allegations against applicant No. 1 and custodial interrogation is necessary, the application of applicant No. 1 cannot be allowed. So the order. (1) The application of applicant No. 1Navnath @ Pappu S/o. Bapurao Bhravkar stands rejected. (2) The application of applicant No. 2 Hanumant S/o. Bapurao Bhravkar and applicant No. 3 Bapu S/o. Bhausaheb Baravkar is allowed. (3) In case of arrest of applicant No. 2 and 3 in Cr. No. 76/11 registered with Shrigonda Police Station, Ahmednagar, they are to be released on PR and SB of Rs. 15,000/- (Rupees fifteen thousand), Cri. Apln. No. 1807/11 4 furnishing by each of them. They are not to tamper the prosecution evidence. They are to appear before the concerned police station on coming Sunday between 9 am to 12 noon and they are to co-operate the police during investigation. [ T. V. NALAWADE, J.] ssc/criapln1807/11