FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3731 OF 2011 1- FAKIRA DAMU SURWASE 2- Sow. BHIVRABAI FAKIRA SURWASE. VERSUS THE STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. K.J.Suryawanshi h/f Ghute Santosh T. APP for Respondent(s): Mr. B.V.Wagh. ... CORAM : SHRIHARI P. DAVARE, J. Dated: September 21, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. After hearing the learned respective counsel for the parties extensively, Mr. K.J. Suryawanshi, h/f Mr. S.T.Ghute, learned counsel for the applicants, on instructions, seeks leave to withdraw present application to the extent of applicant No. 1] namely Fakira Damu Survase. 3. In view of said submission, leave granted and present application stands dismissed as withdrawn and disposed of finally, to the extent of applicant No.1 namely Fakira Damu Survase. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 4. As regards applicant No.2 namely Sou. Bhivrabai Fakira Surwase, she has preferred present application, seeking anticipatory bail, apprehending her arrest under Crime No.111/2011, registered at Paranda Police Station, Tq. Paranda, District Osmanabad for the offences punishable under sections 307, 143, 148, 149, 323, 504, 506 of Indian Penal Code. 5. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Satish Dilip Surwase on 30.7.2011. On perusal of the contents of the said complaint, it appears that although name of the applicant No.2- Bhivrabai Fakira Survase, has been reflected in the First Information Report, minor role has been attributed to her that she assaulted the complainant’s mother namely Nilabai alongwith co-accused and not beyond that and said Nilabai did not sustain any bleeding injury, but she sustained simple injury behind her ear as per injury certificate. Hence, nothing is to be recovered from the applicant No.2 and hence, her custodial interrogation is not necessary. 6. Accordingly, considering the accusations made against the applicant No.2, it is apparent that role attributed to her in the occurrence of the incident is comparatively of lesser degree, and hence, applicant No.2 Bhivarabai deserves the FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders anticipatory bail. 7. In the result, present application is allowed partly to the extent of applicant No.2] Sow. Bhivrabai Fakira Surwase and it is directed that in the event of arrest of said applicant No.2 Bhivrabai, under crime No.111/2011, registered at Paranda Police station, Tq. Paranda, District Osmanabad, she be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/-, with one surety in the like amount, on the following conditions. i) The applicant no.2 Bhivrabai Fakira Surwase shall give attendance before the concerned Investigator once in a week i.e. on every MONDAY between 11.00 a.m. to 02.00 p.m. till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant no. 2 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 8. However, present application stands dismissed as withdrawn in respect of applicant No.1] Fakira Damu Survase, as mentioned herein above. Present application stands disposed of finally. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 9. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***