ABA-463-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.463 OF 2011 Jagannath Shivaji Jadhav & Ors. ... Applicants V/s. The State of Maharashtra, Thru' Natepute Police Station, Malshiras, Solapur ... Respondent Mr. P.M. Jadhav, i/b. Mr. Rajiv Yamgur, for the Applicants. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 6 TH JULY, 2011. P.C. : 1. Not on board. Mentioned. 2. Heard. 3. Leave to amend by correcting the name of the Applicant No.1 is granted. Amendment to be carried out forthwith. 4. Thereafter, necessary amendment be carried out in the title of the order dated 8th June, 2011. [A.M. THIPSAY, J.] ABA-463-11.sxw 2 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.463 OF 2011 Jagannath Shivaji Jadhav & Ors. ... Applicants V/s. The State of Maharashtra, Thru' Natepute Police Station, Malshiras, Solapur ... Respondent Mr. Rajiv Yamgur for the Applicants. Mrs. A.A. Mane, APP, for the Respondent. I.O. H.C. Jadha 696 present from Natepute Police Station. CORAM:- A.M. THIPSAY, J. DATED :- 8 TH JUNE, 2011. P.C. : 1. Heard Mr. Yangur, the learned Advocate for the Applicants, and Mrs. Mane, the learned APP for the Respondent. 2. The Applicants are sought to be arrested in C.R. No.19 of 2011, which has been registered pursuant to the order passed by the J.M.F.C., Malshiras, Dist. Solapur, on 9th February, 2011 in Criminal Case No.87 of 2011 filed before the said Magistrate by one Vanita Jagdale. It is not in dispute that the alleged offences relate to an incident dated 24th December, 2010. It is also not in ABA-463-11.sxw 3 Dixit dispute that one of the present Applicants i.e. the Applicant No.1-Jagannath filed a complaint with respect to the said incident before the J.M.F.C., Malshiras alleging commission of offences. This was on 3rd February, 2011. The J.M.F.C., Malshiras ordered investigation into the matter, as contemplated under Section 156(3) of the Code of Criminal Procedure. The persons named as accused therein including the complainant in this case secured anticipatory bail in the said case. It is on 8th February, 2011 that the complainant in this case filed the aforesaid complaint before the J.M.F.C., Malshiras regarding the same incident, i.e. the incident dated 24th December, 2010, and the learned J.M.F.C., Malshiras passed an order under Section 156(3) of the Code on the said complaint also. The Applicants now apprehend arrest in the said C.R. No.19 of 2011 which came to be registered pursuant to the order passed by the J.M.F.C., Malshiras. 3. Apart from the fact that there is a cross case and that the accused in the cross case have been granted anticipatory bail, the fact also remains that there is nothing to show that any of the victims had sustained any injury which can be termed as ‘grievous hurt’. Admittedly, there is no medical record or certificate to show so. Under the circumstances, this is a fit case where the Applicants should be granted anticipatory bail. ABA-463-11.sxw 4 Dixit 4. In the event of their arrest in C.R. No.19 of 2011 of the Natepute Police Station, Tal. Malshiras, Dist. Solapur, the Applicants be released on bail in the sum of Rs.25,000/- each, with one surety each in like amount, on the condition to attend the Police Station and make themselves available for investigation/interrogation as and when required by the I.O. [A.M. THIPSAY, J.]