1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2506 OF 2010 Madan Bhila Hire ..Applicant Vs. State of Maharashtra and anr. ..Respondents ......... Mr.Dinesh Kadam, for applicant. Mrs.M.M.Deshmukh, APP for respondent - State. ......... CORAM: R.G.KETKAR, J. (VACATION COURT) DATE : 3rd JUNE, 2010. P.C. : This application is for grant of anticipatory bail in connection with crime No.I-75 of 2010 registered with Taluka Police Station, Malegaon, District Nashik for the offences punishable under Sections 395, 397 and 452 Indian Penal Code. 2] Heard Mr.Dinesh Kadam, learned counsel for applicant and Mrs.M.M.Deshmukh, learned APP for respondent – State. 3] Mr.Kadam submitted that the incident is alleged to have taken place on 28 th March, 2010 from 5:30 pm to 6:30 pm. The complaint was registered on 29 th March, 2010. He submitted that dispute is pending between the complainant and the applicant over a bandh. In so far as the applicant is concerned, it is 2506-10.sxw 2 submitted that he is working as a Recovery Clerk with Nandgaon Municipal Council. By order dated 22 nd March, 2010, the Chief Officer of the Nandgaon Municipal Council directed the applicant among other Recovery Clerks, to remain present in the office of the Municipal Council at 4 pm. on 28 th March, 2010 so as to give requisite information about achieving the target of recovery of dues of Municipal Council. Learned counsel for the applicant submitted that the applicant was present on that day and to that effect the Chief Officer of Nandgaon Municipal Council has issued the certificate on 31 st March, 2010 about the attendance of the applicant. He submitted that the incident has allegedly taken place at Nimgaon which is 25 kms. away from Nandgaon and, therefore, the applicant was not present at the time of the alleged incident that took place at Nimgaon. He further submitted that since there is a political rivalry between the complainant and the applicant, the applicant has been falsely implicated in the case. It is further contended that the complainant is in the habit of lodging complaints against the applicant and others who are close to the applicant. He has invited my attention the Medico Legal Certificate issued by the Medical Officer which indicates that one Vaishali w/o.Mukund Hiray was admitted in the hospital on 28 th March, 2010. She was examined by the concerned Doctor at 7:00 pm. on 28 th March, 2010. He submitted that it is the complainant and his associates who had assaulted said Vaishali and, to cover it up, present complaint is falsely lodged against the applicant. 4] On the other hand, Mrs.Deshmukh, learned APP submitted that the name of the applicant is specifically mentioned in the FIR and though the FIR was registered on 29 th March, 2010, the statement of the complainant was recorded immediately after the incident on 28 th March, 2010 and, therefore, there is no 2506-10.sxw 3 delay. She submitted that the applicant and the others were armed with deadly weapons i.e. iron rods and sticks. Accused Mukund Hiray and Nandu Ahire were armed with swords. The Investigating Officer has recorded the statements of the eye witnesses as also the injured eye witnesses. Though it is submitted on behalf of the applicant that the distance between Nimgaon and Nandgaon is 25 kms., the applicant has not established as to when the meeting that was convened on 28 th March, 2010 at 4.00 pm, was over. Considering the proximity between these two places, it cannot be said at this stage that the applicant was not present at the place of incident. At any rate, defence of alibi is required to be gone into after the evidence is recorded. She, therefore, submitted that the applicant may not be enlarged on bail. 5] Perusal of the statement of the complainant recorded on 28 th March, 2010 prima facie indicates that the applicant and others were armed with iron rod and sticks. Accused Mukund Hiray and Nandu Ahire were armed with swords. The applicant has relied upon the order dated 22 nd March, 2010 issued by the Chief Officer of the Nandgaon Municipal Council, asking him to remain present on at 4 pm. at 28 th March, 2010. However, prima facie there is nothing on record as to when the said meeting was over. If that be so, it cannot be contended that because of the distance of 25 kms. between Nandgaon and Nimgaon, the presence of the applicant at the place of incident was impossible. In so far as the reliance placed upon the Medico Legal Injury Certificate in respect of one Vaishali w/o.Mukune Hiray is concerned, there is no material on record to show that pursuant to this alleged assault on Vaishali, any complaint was lodged against the offenders. In the present case, the crime is registered for the offences punishable under Sections 395, 397 and 452 Indian Penal Code. 2506-10.sxw 4 Considering the material available on record, in my opinion, no case for grant of anticipatory bail is made out. 6] In the result, Criminal Application is rejected. It is made clear that the observations made herein are for the purpose of disposal of this application seeking anticipatory bail. As and when the applicant applies for regular bail, the concerned Court shall decide the said application on the basis of material on record and in accordance with law uninfluenced by the observations made herein. [R.G. KETKAR, J.] 2506-10.sxw