Cri. Apln. No. 1302 & 1303/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1302 OF 2011 1. Amol @ Guddu s/o. Dilip Potphode, 2. Samadhan s/o. Hiraji Potphode, Both R/o. Rakshasbhuvan, Tq. Georai, Dist. Beed. ....Applicants. Versus The State of Maharashtra & Anr. ....Respondents. AND CRIMINAL APPLICATION NO. 1303 OF 2011 1. Siddharth s/o. Ashok Potfode, 2. Rambhau s/o. Bhimrao Potfode, 3. Pandurang s/o. Dagdu Potfode, All R/o. Rakshasbhuvan, Tq. Georai, Dist. Beed. ....Applicants. Versus The State of Maharashtra & Anr. ....Respondents. Mr. Sachin Deshmukh, Advocate for applicants in both applications. Mr. N.H. Borade, APP for State/respondent in both proceedings. Mr. R.U. Bhutekar, Advocate for respondent No. 2 in both proceedings. CORAM : T. V. NALAWADE, J. DATED : 12th July, 2011. Cri. Apln. No. 1302 & 1303/11 2 PER COURT : 1. Both the applications are filed for anticipatory bail in Cr. No. 94/2010 registered in Chaklamba Police Station, Tq. Georai, District Beed for offences punishable under sections 326, 149 of IPC. Papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Sakharam Shelke. He has made allegations that on 29.11.2010 when he was present near the temple of Ganpati, the applicants from both the proceedings came there and they were holding weapons like spade, iron bar and sticks and they started assaulting him. Allegations are made that applicant Amol gave blow of spade on the head and he sustained bleeding injuries. Allegations are made that Samadhan gave blow of iron bar and other accused like Sidharth, Rambhau, Pandu and Anant gave blows on his legs and other parts of body. He has contended that he lost his mobile handset worth of Rs. 10,000/- in the incident. He has contended that in the morning of that day there was petty quarrel and due to that the incident in question took place. 3. When this Court was dictating the order, the advocate for the applicants submitted he is not pressing the application in respect of applicants namely Amol and Samadhan. Cri. Apln. No. 1302 & 1303/11 3 4. The injury certificate shows that the complainant sustained three fracture injuries. There was fracture of skull. There was fracture of tibia and there was fracture on metacarpels. The weapons used are said to be hard and blunt objects. The chargesheet is filed and main allegations are against the applicants from first proceedings. In view of these circumstances, this Court holds that the relief of anticipatory bail can be given to the applicants from the second proceedings. 5. The first proceedings bearing Criminal Application No. 1302/2011 is disposed of as not pressed. Interim relief, if any, granted in first proceedings stands vacated. Interim relief granted in faovur of applicants from second proceedings bearing Criminal Application No. 1303/2011 is confirmed. [ T. V. NALAWADE, J.] ssc/criapln1302 & 1303/11