1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.741 OF 2010 1. Namdev S/o.Bhimrao Shingare, Age-42 years, Occu-Service, R/o.Dharur, Tq.Dharur, Dist. Beed 2. Sambhaji S/o.Manohar Shingare, Age-45 years, Occu-Agriculture, R/o.Dharur, Tq.Dharur, Dist. Beed 3. Bhagwat S/o.Dhondiba Landge, Age-28 years, Occu-Agriculturist, R/o.Dharur, Tq.Dharur, Dist. Beed 4. Ramkrishna S/o.Bhimrao Shingare, Age-38 years, Occu-Service, R/o.Dharur, Tq.Dharur, Dist. Beed APPLICANTS VERSUS 1. The State of Maharashtra, Through : Police Station Dharur, Dist. Beed 2. The District Superintendent of Police, Beed, Dist. Beed RESPONDENTS Mr.V.D.Salunkhe, learned counsel for applicants. Mr.N.R.Shaikh, learned APP for respondents. Mr.S.S.Panale, learned counsel for original complainant. (CORAM : A.V.POTDAR, J.) DATE : 09/03/2010 2 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in the event of their arrest in connection with CR No.104/2009, registered in Dharur Police Station of Dist. Beed for the alleged offence punishable u/s. 395, 307, 504, 506 of The IPC. 2. Heard learned counsel for applicants, learned APP for State and learned counsel for original complainant. 3. It appears that the said offence came to be registered on the complaint of one Damodar Dashrath about the alleged incident dated 01/12/2009, which took place at about 10.40 a.m., near the Deaf and Dumb School at village Dharur. The allegation that 15-16 persons, whose names are disclosed in the complaint, came there on motor-bikes, armed with deadly weapons. They accosted the motor- bike on which the complainant was travelling alongwith his wife. He was pull down by the first applicant and on questioning as to why he is lodging repeated complaints against the complainant therein, initially assaulted with stick and later on with sword in the chest of applicant. At that time, the 4th applicant snatched the gold locket on the person of complainant. Complainant was taken to the hospital, where the complaint came to be registered. During the course of submissions across the bar, it is brought to the notice that complaint is also lodged against this complainant and 14 others by the brother of applicant no.1 and 4 by name Balram Bhimrao on the same 3 allegations about assault at the hands of complainant herein and on that basis, offence came to be registered in Dharur Police Station bearing CR No.103/2009. That offence came to be registered at 11.30 a.m. while the present offence came to be registered in which bail is prayed for at 2.00 p.m. 4. Considering the submissions across the bar as well as the papers produced before me by the applicants as well as the original complainant, it can not be disputed that there are cross complaints filed about the same incident by the complainant as well as the brother of these applicants. On perusal of both the complaints, one fact is clear and it is rightly pointed out by the learned APP that even though the incident occurred is not under dispute, both the parties have exaggerated about the alleged incident. It is also brought to the notice of this Court that an application is moved before the learned J.M.F.C. on 20/01/2010 to delete section 307, and 395 which according to counsel for complainant, yet to be decided, but still the fact remains that such an application is moved by the police from Dharur Police Station. It is tried to urge that the affidavits which were annexed alongwith that report, were prepared on the blank papers, on which signatures of the complainant as well as his wife were obtained. 5. Considering these submissions across the bar, one fact is clear that it can not be disputed that the incident is occurred. At the same time, it is also to be noted that there is exaggeration of all the events 4 at the hands of both these parties. Considering these aspects, it is not safe that the applicants to be given in the custody of police for custodial interrogation. In the premise, case is made out to exercise the discretion. These applicants were protected by way of interim order dated 26/02/2010, hence order : O R D E R 1. Application is allowed. 2. Interim protection granted on 26/02/2010 is hereby confirmed till filing of the charge sheet. 3. Applicants to co-operate with investigation agency and to attend the concerned police station, when ever required, on written requisition by the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.741-10