(1) Cri. Application No. 3851 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3851 of 2011 1. Gokul s/o. Sitaram Pathe, Age : 31 years, Occupation : Labour, R/o. Mandki, Taluka & District : Aurangabad. 2. Surekha w/o. Gokul Pathe, Age : 26 years, Occupation : Household, R/o. As above. 3. Kamalabai w/o. Kanhyalal Pathe, Age : 37 years, Occupation : Household, R/o. As above. .. Applicants. versus 1. The State of Maharashtra, through Police Officer, Chikalthan Police Station, Taluka & District : Aurangabad. 2. The District Superintendent of Police, Aurangabad, Taluka & District : Aurangabad. .. Respondents. ....................... (2) Cri. Application No. 3851 of 2011 Mr. Kalyan E. Shinde, Advocate, for the applicants. Mr. B.V. Wagh, Additional Public Prosecutor, for respondent nos.1 and 2. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 11TH OCTOBER 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 nos.1 to 3, seeking anticipatory bail, apprehending their arrest in connection with Crime No. I-99/2011, registered at Chikalthana Police Station, Aurangabad, for the offences punishable under Sections 307, 143, 147, 148, 149, 323, 504 and 506 of Indian Penal Code. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Minabai Santosh Imle, on 17-7-2011, against the applicants (3) Cri. Application No. 3851 of 2011 herein and the other co-accused persons. 4. It appears that the co-accused persons, namely, Kalyan s/o. Sitaram Pathe, Chhayabai w/o. Kalyan Pathe and Dhanabai w/o. Sitaram Pathe, have been granted anticipatory bail by this Court, by order dated 20th August 2011, in Criminal Application No. 3442 of 2011, and role attributed to the present applicant no.1, Gokul, and applicant no.3, Kamalabai, during occurrence of the incident, is almost on the similar footing as is attributed to the said applicants in Criminal Application No. 3442 of 2011, and therefore, principle of parity requires that the present applicant no.1, Gokul, and applicant no.3, Kamalabai, also be granted anticipatory bail, but on certain conditions. 5. However, as regards applicant no.2, Surekha w/o. Gokul Pathe, her name has been reflected in the contents of the FIR, and she allegedly assaulted the complainant on her back by wooden log, and thereby complainant sustained the injury. The injury certificate of the complainant Minabai discloses that she sustained simple injury, but the patient was referred to surgery. Moreover, the said wooden log is yet to be recovered, and hence, considering the accusations made against the said applicant no.2, Surekha, and the nature and gravity thereof, custodial interrogation of the said applicant no.2, Surekha, is imperative (4) Cri. Application No. 3851 of 2011 for further progress in the investigation, and hence, her application deserves to be rejected. 6. In the result, present Criminal Application is partly allowed to the extent of applicant no.1, namely, Gokul s/o. Sitaram Pathe, and applicant no.3, namely, Kamalabai w/o. Kanhyalal Pathe, and it is directed that in the event of arrest of applicant no.1, Gokul s/o. Sitaram Pathe, and applicant no.3, Kamalabai w/o. Kanhyalal Pathe, in connection with Crime No. I-99/2011, registered at Chikalthana Police Station, Aurangabad, they be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/-, each, with one surety in the like amount by each of them, on following conditions : (i) Applicant no.1, Gokul, and applicant no.3, Kamalabai, shall give attendance before the concerned investigator, once in a week i.e. every Monday, between 3.00 p.m. to 5.00 p.m., till tiling of charge sheet, and shall cooperate in the investigation, and (ii) Applicant no.1, Gokul, and applicant no.3, Kamalabai, shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. However, present Criminal Application in respect of (5) Cri. Application No. 3851 of 2011 applicant no.2, namely, Surekha w/o. Gokul Pathe, stands dismissed, and present Criminal Application is disposed of finally. 8. 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/ka3851