1 criapln1622-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1622 OF 2011 1] Kamalbai W/o Baburao Joshi 2] Jyoti W/o Baburao Joshi 3] Seema W/o Dipak Joshi .. APPLICANTS Vs 1] The State of Maha. 2] Piraji Tukaram Ambore .. RESPONDENTS ... Shri A.S.Deshmukh,Adv. for applicants. Shri G.R.Ingole,APP for R-State. Shri L.M.Kulkarni,Adv.for R.2. ... CORAM : T.V.NALAWADE,J. DATE : 20/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.31/2011 registered at Sailu police station, Dist.Parbhani, for offences punishable under Sections 467, 468 & 420 etc r.w. 34 of I.P.C. and also for offence punishable u/s 3(1) (x) of Prevention of Atrocities [Scheduled Castes and Scheduled Tribes] Act, 1989. One advocate 2 criapln1622-11 has appeared for original complainant and he has assisted A.P.P. Papers of investigation were made available. It was submitted that accused Deepak Joshi is absconding. Both sides are heard. Applicants are said to be relatives of Deepak Joshi. 2] The complainant has made allegations that Deepak Joshi had sold 1 Acre 21 Aar portion of Gut No.127 to one Smt.Bhalerao. He again sold the same portion to his maternal aunt and then the dispute started. He has contended that the possession of the land shown to be sold was given to his maternal aunt and when he questioned as to why 2 sale deeds were made, the applicants and Deepak Joshi picked up quarrel with him. Complainant has made allegations that on 2/3/11, applicants and Deepak Joshi came to him and they gave abuses to him by taking name of his caste “Dhedgya”. He has made allegations that beating was also given to him. 3] Papers of investigation show that no M.L.C. is collected by police. Allegations made are that beating was given by fists-blows and kicks. Copy of sale deed executed in favour of Smt.Bhalerao is there but copy of sale deed executed in favour of maternal aunt is not there. In the report, there is no mention that the present applicants have signed on second sale deed in any capacity. From these circumstances, it can be said that the real dispute is different and only to pressurize, the present applicants are added in the incidents and 3 criapln1622-11 allegations are made to make out offence punishable under Section 3(1)(x) of Prevention of Atrocities [Scheduled Castes and Scheduled Tribes] Act, 1989. 4] In view of the nature of the offence, police should not need the custody of the applicants for the purpose of interrogation. Even if Deepak Joshi is absconding, that cannot be reason for refusing anticipatory bail to the 3 ladies who are his relatives. So, the application is allowed. Interim relief given to the applicants is confirmed. [T.V.NALAWADE,J.] umg/criapln1622-11