1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3509 OF 2011 Bhayasaheb s/o Suryabhan Savant ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri S.G.Shinde, 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 perusal purpose and heard respective learned counsel for the parties finally. 2 This is an application preferred by the applicant 2 seeking anticipatory bail apprehending his arrest under C.R. No. I-66 of 2011, registered at Sonpeth police station, District Parbhani, for the offences punishable under Sections 302, 307, 143, 147, 148 and 149 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of the complaint lodged by Raosaheb Sakharam Kamble on 15.7.2011 in respect of the occurrence of the incident on the same day at about 9.00 a.m. 4 The name of the applicant has been reflected in the first information report and it is alleged that the applicant herein along with the other co-accused persons intercepted the motor cycle of the complainant by way of tempo and alighted therefrom armed with the weapons, such as sickles, axes, iron rods and sticks and asked the complainant’s brother, namely Gautam Kamble why he assaulted them on Monday and all of them uttered “Dhara Mara” and rushed upon Gautam and co-accused Daulat Kasbe and Uddav Kasbe assaulted Gautam Kamble by axe on his chin, neck, head and legs and wounded him. It is also alleged that the co-accused and the applicant herein assaulted 3 the complainant, namely Raosaheb by sickle, iron rods and sticks on his head, on elbow of right arm, as well as on elbow of left arm and on right and left legs, as well as on his neck and attempted to kill him. 5 The statement of Sangitabai Raosaheb Kamble i.e. wife of the complainant discloses that the applicant teased herand outraged her modesty along with the other co-accused, namley Daulat Kasbe and Keshav Mhaske. Admittedly, about 7 other co-accused persons have been arrested and it is submitted that the three persons including the applicant herein are still absconding. It is also reported that 17 weapons and chilly powder have been seized from the possession of the arrested persons. However, it is also further submitted that still other weapons are yet to be recovered. The investigation is under progress. Appaently, Sections 143, 147, 148 and 149 of the Indian Penal Code have been applied. One person, namely Gautam Kamble has been already expired during the occurrence of the incident. 6 The injury certificate of the complainant discloses that 4 the complainant Raosaheb Kamble sustained as many as 4 injuries and out of the said injuries, one lacerated injury was sustained by him on his scalp in vertex area and he also sustained one fracture on right tibia, which is the grievous injury and the said injuries were sustained by him by blunt object and the said injuries are fresh injuries and the said injury certificate is self-explicit and speaks for itself. 7 Hence, having the comprehensive view of the matter and considering the accusations made against the applicant herein and also considering the nature, gravity and seriousness of the offences and since the investigation is in progress, I am of the view that custodial interrogation of the applicant is necessary for further progress in the investigation in proper perspective, and hence, present application deserves to be rejected. 8 In the result, present application bears no substance and same is devoid of any merits, and therefore, same is dismissed. 5 9 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. 10 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3509.11