(1) Cri. Application No. 3810 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3810 of 2011 Tulsiram Vishwanth Chand, Age : 39 years, Occupation : Service, R/o. Ghayal Nagar, Jalna, Taluka & District : Jalna. .. Applicant. versus The State of Maharashtra. .. Respondent. ....................... Mr. Joydeep Chatterji, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent / State. Mr. S.R. Dheple, Advocate, for the original complainant. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 22ND SEPTEMBER 2011 (2) Cri. Application No. 3810 of 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest in connection with Crime No. I-112/2011, registered at Police Station, Badnapur (District : Jalna), for the offences punishable under Sections 302, 147, 148, 149, 504 and 109 of Indian Penal Code. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Rekhabai Shingare, on 11th August 2011, in respect of occurrence of the alleged incident on the same day, at about 07.15 a.m. It appears from the contents of the said complaint, that although name of the applicant herein, namely, Tulshiram, has been reflected in the said complaint, said reflection is at the fag end of the complaint and not in the main body of the complaint, and role attributed to him is to the extent of instigation by him to the co-accused, to assault and commit murder of the victim Vishnu, and not beyond that, and accordingly, role ascribed to the applicant is of lesser degree (3) Cri. Application No. 3810 of 2011 compared to the main culprit in the said offence. Moreover, nothing is to be recovered from the applicant herein, and hence, considering the accusations made against the applicant and nature and gravity thereof, it appears that the custodial interrogation of the applicant is not necessary for further investigation. 4. Hence, interim relief granted to the applicant, by order dated 6-9-2011, deserves to be made absolute but on certain conditions. 5. In the result, present Criminal Application is allowed, and interim anticipatory bail granted to the applicant, by order of this Court dated 6th September 2011, stands confirmed on the following conditions : (i) Applicant shall not enter into village Kandari (Bk.) [Taluka : Badnapur, District : Jalna], till filing of the charge sheet, and shall inform his changed address to the concerned investigator forthwith. (ii) Applicant shall give attendance before the concerned investigator once in a week i.e. every Saturday, between 04.00 p.m. to 07.00 p.m., for a period of one month from today, and (4) Cri. Application No. 3810 of 2011 thereafter, once in a fortnight, till filing of the charge sheet. (iii) Applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 6. Present Criminal Application stands disposed of finally. 7. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3810