{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1992 OF 2010 WITH CRIMINAL APPLICATION NO.2219 OF 2010 WITH CRIMINAL APPLICATION NO.2077 OF 2010 WITH CRIMINAL APPLICATION NO.2078 OF 2010 WITH CRIMINAL APPLICATION NO.2080 OF 2010 WITH CRIMINAL APPLICATION NO.2082 OF 2010 XXX-XXX CRIMINAL APPLICATION NO.1992 OF 2010 Bapu s/o Dagadu Katakdound Age-53 years, Occ-Service As Assistant Commissioner of Police, Pydhonie Division, Mumbai R/o Police Office Quarter B-13, Agarkar Chowk, Andheri (E) Mumbai 400 069 APPLICANT VERSUS 1. The State of Maharashtra Through Police Inspector, Majalgaon Police Station, Dist-Beed 2, The Additional Superintendent of Police, CID,Aurangabad RESPONDENTS ....... Mr.R.N.Dhorde h/f Mr.S.B.Jadhav, Advocate for the applicant {2} Mr.K.S.Patil, APP for respondents State ....... WITH CRIMINAL APPLICATION NO.2219 OF 2010 1. Laxman s/o Dagadu Jaibaye Age-30 years, Occ-Service As Police Constable R/o At Post-Pimpalner Tq-Shirur-Kasar, Dist-Beed 2. Umesh s/o Baburao Aghav Age-32 years, Occ-Service As Police Constable R/o Police Quarters, Police Colony, Ambajogai, Dist-Beed APPLICANTS VERSUS 1. The State of Maharashtra 2, Superintendent of Police Beed RESPONDENTS ....... Mrs.S.S.Jadhav, Advocate for the applicants Mr.K.S.Patil, APP for respondents State ....... WITH CRIMINAL APPLICATION NO.2077 OF 2010 Raosaheb s/o Ganpatrao Munde Age-38 years, Occ-Service R/o Police Quarters, Beed Dist-Beed APPLICANT VERSUS {3} 1. The State of Maharashtra Through police station Majalgaon Dist-Beed 2, The Additional Superintendent of Police CID, Aurangabad RESPONDENTS ....... Mr.S.J.Salunke, Advocate for the applicant Mr.K.S.Patil, APP for respondents State ....... WITH CRIMINAL APPLICATION NO.2078 OF 2010 Bhagwat s/o Shripati Waghmare Age-47 years, Occ-Service R/o Police Quarters, Beed Dist-Beed APPLICANT VERSUS 1. The State of Maharashtra 2, The Additional Superintendent of Police CID, Aurangabad RESPONDENTS ....... Mr.S.J.Salunke, Advocate for the applicant Mr.K.S.Patil, APP for respondents State ....... WITH CRIMINAL APPLICATION NO.2080 OF 2010 Vishwas s/o Namdevrao Shejul Age-57 years, Occ-Service Police Inspector, Itwara Police Station, {4} R/o At Present Itwara Police Station Nanded, Dist-Nanded APPLICANT VERSUS 1. The State of Maharashtra 2, Superintendent of Police Beed RESPONDENTS ....... Mrs.S.S.Jadhav, Advocate for the applicants Mr.K.S.Patil, APP for respondents State ....... WITH CRIMINAL APPLICATION NO.2082 OF 2010 Shankar s/o Yashwant Galdhar Age-41 years, Occ-Service R/o Police Colony, Georai Tq-Georai, Dist-Beed APPLICANT VERSUS 1. The State of Maharashtra 2, Superintendent of Police Beed RESPONDENTS ....... Mrs.S.S.Jadhav, Advocate for the applicants Mr.K.S.Patil, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd June 2010 {5} PER COURT: 1. By filing all these six applications, the applicants, who are the police officers, have moved this Court praying to release them on anticipatory bail in the event of their arrest in connection with CR No.65/2010 registered with Majalgaon police station for an offence punishable u/s 304, 331, 342 r/w section 34 of the Indian Penal Code. 2. It appears that interim protection is granted in favour of all the applicants by this Court vide orders passed from time to time. 3. As all the applications are moved in connection with CR No.65/2010 registered with Majalgaon police station, Dist-Beed, the same are being disposed of by this common order. 4. The applicants are Sub Divisional Police Officer, Police Inspector and Police Constables, who were attached to Majalgaon police station or having control over the said police station at the time of the alleged incident. Admittedly, at the time of the incident, all the applicants were either attached to Majalgaon police station or were officers having control over the said police station. Undisputedly, presently all the applicants have no concern with the Majalgaon police station, as they are transferred at different places out of Majalgaon. {6} 5. During the course of submissions, learned counsel for applicants have taken me through the entire record. It appears that one crime at CR No.92/2008 was registered with Malegaon police station, Dist-Nashik against one Sarjerao Jadhav and his gang on 02.04.2008 for an offence punishable u/s 395 r/w 397 of the Indian Penal Code. It is not disputed that the gang leader, Sarjerao Jadhav, was a history sheeter and was an accused in all 19 criminal cases including the cases of dacoity within the state of Maharashtra. Said Sarjerao Jadhav was also an accused in offence punishable u/s 376 of the Indian Penal Code in different police stations. The said Sarjerao was involved in organized crimes along with his gang. 6. As after the said offence was registered with the Malegaon police station and the whereabouts of said Sarjerao were not traced and as he was resident of Telgaon, Tq-Majalgoan, Dist- Beed, it was communicated by the Superintendent of Police, Nashik to Superintendent of Police, Beed to assist the police from Malegoan police station in tracing said Sarjerao. It appears that not only the communication was sent, but also a team headed by one Police Inspector Kute from Malegoan police station was also sent to Majalgaon to trace said Sarjerao. 7. It is also brought to my notice that on 17th April 2008 one person, Namdeo Abus was intercepted and arrested by {7} Dindrud police and his custody was handed over the Local Crime Branch, Nashik. During the interrogation of said Namdeo, names of said Sarjerao Jadhav and others were revealed as the persons, who had committed dacoity in CR No.92/2008. It has to take note that the police have their own machinery to carry out investigation on the basis of their secret informers. It further appears that on receipt of secret information that said Sarjerao was present at his native, Telgaon, Police Inspector Shejul, who was then attached to Majalgaon police station, informed his superior, i.e. Sub Divisional Police Officer. Accordingly, a trap was arranged at one hotel on 18th April 2008 in front of Majalgaon sugar factory. After realizing the police trap, said Sarjerao tried to fled and he did succeed by taking advantage of the field and forest behind the said hotel. Again, his whereabouts were traced in the same night, however by taking advantage of dark, said Sarjerao succeed in fleeing away. During the said search some police officials also sustained injuries. During the said night said Sarjerao was not traced, however in the morning, a message was received that the said Sarjerao was found fallen near a stone quarry from where he was arrested. Thereafter, custody of said Sarjerao was handed over the Malegaon police. However, considering his condition and injuries he was treated in primary health center, Majalgaon from where he was referred to Civil Hospital, Beed, where he was declared dead. Accordingly, ADR No.9/2008 was registered with Beed City Police Station. It further appears that the Sub Divisional Police Officer had intimated about the entire combing operation since 16/17 {8} April 2008 till the report of demise of said Sarjerao was received, to his superiors immediately on 20th April 2008. It further appears that after the ADR was registered, as the said Sarjerao was died while he was in custody of police, an inquiry committee was appointed and during that inquiry, all the applicants except applicant in criminal application No.1992/2010 were suspended from 22.04.2010. During this suspension period, the entire record in respect of combing operation, entries in the station diary and the statements of the witnesses recorded during the ADR inquiry, were collected by the Special Inspector General of Police and after conclusion of inquiry it is opined that so far as participation of applicants, other than applicant Katakdaund, is concerned, the same is part of their official duty and hence revocation of suspension of the applicants was recommended. 8. It further appears that on 17th March 2009 the investigation in this case was handed over to the state CID and on the basis of inquiry conducted by the CID, the complaint is filed on 7th May 2010 against the present applicants and others who had participated in the combing operation. As now the offence is registered against the applicants and as their respective applications are rejected by lower court, they are before this Court. 9. In this scenario, which is described above, it is urged that after the alleged incident, said Sarjerao was not in the custody of Majalgaon police, however he was in the custody of Malegoan {9} police. This submission is supported by the report, which was submitted by the Sub Divisional Police Officer to the Superintendent of Police immediately after the occurrence of the incident, on 20.04.2008. It is also stated across the bar that after the said report was submitted on 20.04.2008, immediately, on 22.04.2008 the applicants other than applicant Katakdaund were suspended. During this period of enquiry, the entire record in connection with ADR No.9/2008 was taken charge by the inquiry committee. Thus, it is clear that the documents in connection with ADR No.9/2008 were already seized way back in the year 2008. As now all the applicants are transferred out of Majalgaon, they have no excess to these documents and statements of the witnesses, relatives of deceased Sarjerao are already recorded in ADR inquiry, and hence there is no question of interference in the investigation at the hands of present applicants. 10. Learned APP opposed the applications on the ground that the statements of the witnesses so also the injuries found on the person of the deceased indicate otherwise and hence it is urged that the applications be rejected. 11. Considering the rival submissions it is clear that the Sub Divisional Police officer had submitted a report of the incident immediately after the occurrence of the incident, to his superiors. Question for consideration before this Court is why to disbelieve the report, at least at this stage. The truth of the said report can {10} be ascertained at the time of trial and not at this stage. In view of the fact that all the applicants are in service of the State Government there are no chances of their absconding or not facing the trial coupled with the fact that now they are out of Majalgaon police station and hence possibility of interference at their hands is ruled out so also all the papers and documents are in the custody of the investigating officer, hence custody of the applicants for interrogation is not necessary. 12. Consequently, all the applications succeed. The interim protection granted to the applicants is hereby confirmed and to remain in force till filing of the charge sheet. The applicants are directed to cooperate with the investigating agency and to attend the concerned police station, whenever required by the IO concerned. Accordingly, all the applications stand disposed of. [A.V.POTDAR, J.] drp/B10/criapln1992-10