1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2218 OF 2010 1. Dana Hamir Ahir, Age-25 years, Occu-Milkman, 2. Hari Hamir Ahir, Age-30 years, Occu-Milkman, 3. Duna @ Bhutia Jeewan Makwane, Age-35 years, Occu-Milkman, 4. Gowar Jeevan Makwane, Age-26 years, Occu-Milkman, All R/o.Mhada Colony, Tisgaon, Tq. and Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.A.M.Gaikwad h/f. Mr.A.I.Deshmukh, learned counsel for applicants Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in connection with CR No. 86/2010, registered in MIDC Walunj Police Station, Aurangabad. 2 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the present CR is the offshoot of the complaint lodged by one Anna Jadhav against these applicants about the incident occurred in the night of 14/05/2010, which is the offshoot of the earlier incident occurred on 6.00 p.m. between the same parties, for which offence was registered in the same police station bearing CR No.87/2010. It revealed from the contents in the FIR that during the said incident, applicant no.1 assaulted one Shivda Jeewan with axe in his hand, in which Shivda sustained bleeding head injury. The complainant as well as the applicants are the resident of the same area, so there can not be a mistaken identity. At the same time, even though the presence of applicant no.2 to 4 is mentioned, but no overact is attributed at their hands. In the premise, so far as applicant no.1 is concerned, no case to grant anticipatory bail, but case is made out in respect of applicant no.2 to 4. Hence order, O R D E R 1. Application is partly allowed. 2. Application in respect of applicant no.1 Dana Ahir is hereby rejected. 3. Applicant no.2 to 4 be released on anticipatory bail in the event of their arrest in connection with CR No.86/2010, registered in MIDC Walunj Police Station, on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. This protection is granted till filing of the charge sheet. 3 4. Within meantime, these applicants to attend Walunj M.I.D.C. Police station on every Monday till filing of charge sheet. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2218-10