1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1936 OF 2010 1. Chandrakant M.Dahihande, Age-50 years, Occu-Agriculture, 2. Sakharam Asaram Kale, Age-40 years, Occu-Agriculture, Both are R/o.Naregaon, Tal. And Dist. Aurangabad APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.S.M.Godsay, learned counsel for applicants. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 20/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.29/2010, registered in MIDC, Cidco Police Station, Aurangabad for the alleged offence punishable u/s. 341, 394 r/w. 34 of IPC. Record shows that initially the application was moved in the vacation, and at that time, interim protection was not granted, but was granted on 10/06/2010, which is still in force. 2 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the alleged complaint came to be lodged on the complaint of one Santosh Jaiswal about the incident occurred on 13/04/2010 around 5.45 p.m. There are allegations against these two applicants that they intercepted the motor bike of the complainant, forcibly removed the mobile phone of Nokia company from his possession and snatched cash in the sum of Rs.7570/-. In that process, the complainant was assaulted with kicks and fist blows by these applicants. As the complainant feel greedy, the witnesses by name Ankush and Bhanudas shifted him in the Ghati Hospital, where he was treated and later on the complaint was lodged in the MIDC Police Station in the late night. 4. During the course of submissions across the bar, it is contended that the complainant and his family members are indulged in the business of selling illicit liquor in the area known as Naregon of M.I.D.C. Cidco, Aurangabad. First applicant is attached with one political party. The public in the said residential area was in trouble because of business of illicit liquor and because of that there are public agitation to oppose the said business. There are cross complaints filed against the applicants party and complainant party. Because of the business run by the complainant, incident of stone pelting on his shop was also occurred, and because of that, these applicants are falsely implicated in the present CR. It is also 3 urged across the bar that the father of the first applicant was murdered way back in which the so called witness Ankush who has shifted the complainant to the Ghati Hospital, was one of the co- accused and another witness Bhanudas is the nephew of said Ankush. 5. By pointing out the statement of the eye witnesses, the bail application is opposed by the learned APP. 6. Perusal of the papers of medical treatment provided to the complainant, indicate that the complainant was admitted and examined in the Ghati Hospital around 7.40 p.m. One can imagine, in routine course, it require about 30 to 40 minutes to reach Ghati Hospital from the place of incident, while the complainant was admitted for treatment after the span of 2 hours. In the medical papers of the complainant, there is only simple injury. Apart from it, perusal of the statements of so called eye witnesses, do not demonstrate about snatching of cell phone or the golden chain from the person of the complainant, at the hands of these applicants, but it only about the assault at the hands of these applicants. Considering the overall effect and the back history of the political rivalry between the two groups, case is made out to enlarge the applicants on anticipatory bail, hence order : O R D E R 1. Application is allowed. 4 2. Interim protection granted to the applicants is hereby confirmed and to continue till filing of the charge sheet. 3. Applicants to co-operate the investigation agency. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-1936-10