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. 3513 OF 2011 CHANDRAKANT MOHAN MALWADKAR AND 16 ORS. VERSUS THE STATE OF MAH ... Advocate for Applicant/s : Mr. Bondar U.B. APP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 30, 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. This is an application preferred by the applicants, seeking anticipatory bail, apprehending their arrest under Crime No.I-157/2010, registered at Karjat Police Station, District Ahmednagar, for the offences punishable under sections 143, 147, 148, 149, 307, 326, 452, 354, 323, 504, 506 r/w 34 of Indian Penal Code and under section 3 (1) (X) and Section 3 (ii) (v) of Schedule Castes and Schedule Tribes (Prevention of Atrocities), Act and under section 4/(25) of Arms Act and section 37 (1) (3) of Bombay Police Act. 3. It appears that offence has been registered on the basis of the complaint lodged by one Abhimanyu Kisan Chavan on 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 6.9.2010. Perusal of the said First Information Report, primafacie discloses that incident occurred on 6.9.2010 at about 06.30 am to 07.00 a.m., it reflects that in all sixty one accused persons had gathered together and some of them, assaulted informant as well as other injured persons by leg kicks, fist blows and sticks, iron rod and axe and sword and gave abuses to the complainant and injured persons, humiliating on his caste, as well as applicant No.17 Maruti Vithoba Gaikwad stripped saree of Anita and outraged her modesty. 4. Learned counsel for the applicants canvassed that although names of the applicants have been reflected in the First Information Report, but no overt act has been attributed to them during the occurrence of the incident, except applicant No.17 Maruti, who allegedly stripped Saree of Anita and outraged her modesty. Learned counsel for applicants also submitted that in pursuance of the order dated 1.8.2010, police had given notices to the applicants as contemplated therein and shown them as absconding and pertinently notices issued by the Court were duly served upon the applicants and it is canvassed that the applicants were never absconded and they were available and further submitted that if they were enlarged on bail, they would live outside the village and accordingly urged that present 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 applicants be released on bail. 5. Learned A.P.P. countered said argument and opposed present application vehemently and submitted that applicants were also absconding and they were not traceable and therefore notices under section 82 of Code of Criminal Procedure were required to be issued to them. Ultimately, said notices were accepted by them. It is submitted that offence was committed in September, 2010 and although co- accused persons were arrested, the present applicants were not available and they were not traceable and therefore, they are not entitled for anticipatory bail and grant of anticipatory bail would amount to granting of premium on their abscondance. Learned A.P.P. also submitted that applicants have committed serious offence and thorough investigation is required, which necessitates the custodial interrogation of the applicant and hence urged that present application be rejected. 6. On perusal of the investigation papers and after considering the rival submissions, advanced by the learned counsel for the parties, at the outset on perusal of the contents of the First Information Report, it is apparently clear that, names of the applicants have been reflected therein, but no specific role has been attributed to each of them except to 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 applicant No.17- Maruti, who stripped saree of Anita and outraged her modesty. The allegations made against the applicants herein are of serious nature and it is apparent that although the incident occurred on 6.9.2010, the applicants were not available/traceable for the purpose of further investigation and, ultimately, notices under section 82 of the Code of Criminal procedure were required to be issued to them, through Court, which itself indicates the abscondance of the applicants. Hence, apparently, further investigation had come to granting hault due to absence of the applicants which necessitates custodial interrogation of the applicants for the progress in the investigation in proper perspective. Moreover, if the present application is allowed by granting anticipatory bail to the applicants, it would amount to granting of premium to the applicants on their abscondance, which is not desirable. 7. In the circumstances, having comprehensive view of the matter, and considering the accusations made against the applicants and nature, gravity and seriousness of the offence, I am of the view that custodial interrogation of the applicants is essential for the further progress in the investigation in constructive manner and, therefore, present application deserves to be rejected. 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 8. In the result, present application lacks merit and stands dismissed and disposed of finally. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***