1 criapln1892-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1892 OF 2011 1] Prof.Sunil Yadavrao Magre .. APPLICANT Vs 1] The State of Maha. .. RESPONDENT ... Shri B.L.Sagar Killarikar,Adv. for applicants. Shri S.G.Nandedkar,APP for R-State. ... CRIMINAL APPLICATION NO.1894 OF 2011 1] Prashant Pritamkumar Shegaonkar 2] Laxman S/o Sudam Hiwrale 3] Bhupendra S/o Dadarao Bhalerao .. APPLICANT VS 1] The State of Maharashtra. .. RESPONDENT ... Shri Pradeep Deshmukh, Adv. h/f Shri A.M.Awate for applicants Shri S.G.Nandedkar,A.P.P. for State. ... CRIMINAL APPLICATION NO.2348 OF 2011 Kishor S/o Laxmanrao Salve .. APPLICANT 2 criapln1892-11 VS 1] The State of Maha 2] Prashant Pritamkumar Shegaonkar 3] Laxman Sudam Hiwrale 4] Upendra Dadarao Bhalerao. .. RESPONDENTS ... Shri N.S.Ghanekar,Adv.for applicant Shri S.G.Nandedkar,A.P.P. for R.1. ... CRIMINAL APPLICATION NO.2357 OF 2011 Kishor Laxmanrao Salve .. APPLICANT VS 1] The State of Maha. 2] Prof. Sunil Yadavrao Magare .. RESPONDENTS .... Shri N.S.Ghanekar,Adv.for applicant Shri S.G.Nandedkar,A.P.P. for R.1. .... CORAM : T.V.NALAWADE,J. DATE : 20/06/2011 ORAL ORDER: 1] The first 2 applications are filed for anticipatory bail in Crime No.60/2011 registered at Cantonment police station, Dist.Aurangabad, for offences punishable under Sections 307, 143, 147, 148, 149, 120-B, 109, 427 and 504 of I.P.C. and the other 2 applications are filed by original complainant for seeking permission to 3 criapln1892-11 assist A.P.P. through advocate. Applications are allowed and the advocate appointed by complainant is allowed to assist the A.P.P. papers of investigation are made available. Both sides are heard. 2] The report is given by Vice Principal of Ambedkar College of Commerce, Aurangabad and he has made allegations against present applicants and others like Pritamkumar Shegaonkar. Some dispute is going on between the management and the Vice Principal, who happens to be the incharge Principal also. Record in that regard is produced in these proceedings. The record is produced to show that the office of Joint Charity Commissioner has approved the report in respect of Mr.Ranganathan as Chairman of this institution. A copy of letter issued by said Rangnathan in favour of Pritamkumar Shegaonkar is produced to show that Pritamkumar Shegaonkar is appointed as a member of managing committee. Allegations are made that on 4/2/2011, 20 to 25 persons came with Pritamkumar Shegaonkar in the office of Vice Principal. Threat of life was given and instigation was given by Pritamkumar Shegaonkar to his followers to attack the Vice Principal and to finish him. Assault was made by using hockey sticks. In the complaint it is contended that Prof.Umakant Suryawanshi and his student Prakash Ingale were injured. He has contended that he has also sustained injuries. Allegations made show that there are 2 rival groups interested in taking control of the institution and one group is said to be of Dr.Prakash Ambedkar and 4 criapln1892-11 the other group is said to be of Pritamkumar Shegaonkar. Allegations are made about mismanagement and misappropriation of the amount of the institution and so the dispute is going on and matters are pending in the office of Joint Charity Commissioner. It is the case of Shegaonkar that at relevant time, he had visited the institution to garland the statue of Dr.Babasaheb Ambedkar and at that time, he and his followers were attacked and by the men of complainant. 3] Papers of investigation show that some incident took place in the office of Vice Principal and damage was caused to the furniture. Three M.L.Cs. in respect of complainant, Prof.Suryawanshi and Prakash Ingale are produced to show that they sustained simple injuries. It was submitted during arguments that Sessions Court has granted anticipatory bail to Pritamkumar Shegaonkar and 2 others. As per record, allegations made are mainly against Pritamkumar Shegaonkar and the Sessions Court has granted anticipatory bail to him. Subsequent statement of the complainant show that he has made specific allegation against Prashant that he used hockey stick and he has made allegation that Sunil Magare gave fist blow. Such allegations were not there in F.I.R. Statements of witnesses are now specific. But in view of the nature of injuries and the certificate issued by medical officer, police should not need further custodial interrogation of the applicants. It was submitted that the applicants are continuously attending the concerned police station after filing of 5 criapln1892-11 application in Sessions Court and in view of the conditions imposed on them by this Court and the Sessions Court. 4] In view of the aforesaid circumstances and particularly in view of the dispute which is going on and the injuries described in M.L.C., this Court holds that it is a fit case for granting anticipatory bail. As now specific allegations are made against Prashant Shegaonkar, he needs to cooperate the police and he needs to make himself available for interrogation as and when called during the period of one month from today. Subject to these conditions, interim relief granted in favour of the applicants stands confirmed. [T.V.NALAWADE,J.] umg/criapln1892-11