1 criapln2002-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2002 OF 2011 1] Alka Baburao Dusinge 2] Sitabai Baburao Dusinge 3] Jyoti w/o Laxman Dusing 4] Pankaj Anna Dusing .. Applicants Vs 1] The State of Maha. & Anr. .. Respondents ... CRIMINAL APPLICATION NO.1808/2011 Ramdas Baburao Dusing .. Applicant Vs The State of Maha. & Anr. .. Respondents ... Smt.Sadhana Jadhav,Adv. for applicants. Shri S.G.Nandedkar,APP for Respondent-State ... CORAM : T.V.NALAWADE,J. DATE : 07/06/2011 ORAL ORDER: 1] Both the applications are filed under Section 438 of Cr.P.C. in C.R.No.64/11 registered with Sangamner police station, Dist.Ahmednagar for offences punishable under Sections 149,326,324 etc. of I.P.C. and also for some offences punishable under Bombay 2 criapln2002-11 Police Act. Papers of investigation are made available by A.P.P. The applicants have also produced copies of some documents viz. F.I.R. and injury certificates. Both sides are heard. 2] It is not disputed that counter cases came to be registered on the basis of report given by applicant’s side and opponent’s side. The report in C.R.No.64/11 is given by one Dadasaheb Dusing who is relative of the applicants. There is dispute over the use of a common bandh situated between agricultural lands of the 2 families. On 22/3/2011, after 7 p.m., the incident took place. Allegations are made against applicants and other members of the family of the applicants that they came to the house of the complainant with weapons like sticks and iron bars and after picking up quarrel, they started assaulting complainant and members of his family. Specific allegations are made against applicant Alka and applicants of first application that they were holding sticks and they assaulted Mangal. Allegations are made against applicant Ramdas that he was using either stick or iron bar and he assaulted Babasheb, brother of complainant and the complainant. Injury certificates are produced to show that both Mangala and Babasaheb sustained grievous injuries like fracture injuries to their hands. Babasaheb also sustained simple injuries. Injuries were caused due to use of hard and blunt objects. Advocate for the applicants submitted that Sitabai a lady from their side also sustained grievous injury. The papers do not show that the 3 criapln2002-11 weapons are recovered. Unfortunately, in the papers, there are no statements of Mangal and Babasaheb, who sustained grievous injuries. 3] The incident took place on 22/3/11. Inspite of that, there are no statements of aforesaid 2 injured witnesses with the prosecution. Injury certificate in respect of Mangal shows that there was swelling over left forearm and there was fracture to the bones of the left hand. Only one injury was on the person of Mangal and allegations are made that Mangal was assaulted by Alka, Sitabai and Jyoti. The offence may fall under Section 325 of I.P.C., and there are no specific allegations against each of these 3 ladies. In view of these circumstances, police may not need the custody of these ladies for interrogation or for recovery of the weapons. However, same cannot be said in respect of Ramdas. First Application can be considered only because they are ladies. Ramdas used either a stick or iron bar and he caused grievous injury to Babasaheb. In that case, offence would fall under Section 326 of I.P.C. and I hold that the application of Ramdas cannot be allowed. So the following order : 4] Criminal Application No.2002/11 is allowed. 5] In case of arrest of applicant no.1 Alka Baburao Dusing, applicant no.2 Sitabai Baburao Dusing and applicant no.3 Jyoti Laxman Dusing in C.R.No.64/11 registered in Sangamner police 4 criapln2002-11 station, they are to be released on bail on their furnishing P.R. bond of Rs.15,000/- each. They should not tamper with the prosecution witnesses. A lady police officer may visit the house of the applicants 1 to 3 to interrogate them and they shall cooperate with police during investigation. 6] Criminal Application No.1808/11 filed by Ramdas Dusing stands rejected. No further protection to Ramdas. [T.V.NALAWADE,J.] umg/criapln2002-11