1 Cr. Appln. no. 4216.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4216 OF 2009 1. Sanjay S/o Rambhau Patil Age 35 years,Occup.Agriculture, 2. Ashok S/o Rambhau Patil, Age 33 years,Occup.Agriculture, 3. Anil S/o Rambhau Patil, Age 26 years,occup.Agriculture, 4. Nana S/o Khandu Rajput Age 55 years,occup.Agriculture, All R/o Talwade Khurd, Ta. And District Nanurbar. ... Applicants V E R S U S 1. The State of Maharashtra 2. The Investigation Officer of Crime No. 184/2009 Nandurbar Taluka Police Station District Nandurbar. Copy for both the respondents to be served on P.P. In the High Court of Judicature of Bombay bench at Aurangabad ... Respondents ... Mr. C.R.Deshpande,Advocate for Applicants. Mr. N.R.Shaikh, A.P.P.for respondent-State. ... 2 Cr. Appln. no. 4216.09 CORAM : A.V. POTDAR, J. DATED : 11TH DECEMBER, 2009 PER COURT 1] By the present application the applicants have approached this court to release them on anticipatory bail in connection with Crime No 184 of 2009 registered in Nandurbar Police Station, for the offences punishable under section 302, 120-B,143,147,323,506 and 427 of the Indian Penal Code and under section 3(1)(X)(XI), 3(2)(V) of Schedule Caste and Schedule Tribe(Prevention of Attrocities) Act, 1989. 2] Heard learned counsel appearing for the applicant followed by the submissions of learned A.P.P. for the respondents-State. Also perused the papers of investigation till carried out. 3] It appears from the papers of investigation that an offence was registered in Nandurbar Police Station on the complaint of wife of deceased Yeshwant Bhambre. Apart from the facts disclosed 3 Cr. Appln. no. 4216.09 in the complaint, as alleged by the complainant, wherein she disclosed that her late husband was assaulted by these applicants, of which the role played by these applicants is given in her complaint. At the same time, during the course of investigation, the statements of eye witnesses were recorded, who had given the details as to the role played by these applicants, during the course of assault on late husband of the complainant. The Post Mortem Notes clearly indicate that the death of Yeshwant is homicidal death. If the statements of eye witnesses recorded during the course of investigation as well as the allegation in the complaint clearly implicating these applicants about their active role played during the commission of offence, it can not be said these applicants are falsely implicated in this case. Thus, the case is not made out to exercise the discretion under section 438 of the Cr. P. C. as there is prima facie case against these applicants. The application being sans of merit, deserves to be rejected. These are the primary observations on the basis of investigation papers 4 Cr. Appln. no. 4216.09 till carried out. The learned Sessions Judge not to influence with these observations, in case, regular bail application is moved at the further stage by these applicants. In the premises, following is the order. ORDER Application stands rejected. (A.V. POTDAR, J.) MTK/