1 Cri.A.1578+3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1578 OF 2011 1. Madhukar S/o Santram Bhalerao, 2. Bhagwat S/o Ramesh Bhalerao, 3. Bhaiyasaheb S/o Santram Bhalerao, 4. Atul S/o Sambhaji Bhalerao, 5. Madhav S/o Jalbaji Bhalerao, All R/o Village Malewadi, Tq. Gangakhed, District Parbhani. 6. Prakash S/o Jalbaji Bhalerao R/o Jintur, Tq. Jintur,Dist.Parbhani. 7. Uttam S/o Rangnath Bhalerao. 8. Ranjeet S/o Uttam Bhalerao, 9. Jaypal S/o Uttam Bhalerao, 10. Sambhaji S/o Santram Bhalerao, 11. Vishnu S/o Shrirang Bhalerao, 12. Sopan S/o Laxman Dhawalke, 13. Vaijnathsinha S/o Kashinathsinha Chandal, 14. Anilsinha S/o Babusinha Chavan, 15. Pralhad S/o Babasaheb Udhar, 16. Ashok S/o Santram Bhalerao, 17 Madhav S/o Ramsinha Chavan, 18. Jalbaji S/o Rangnath Bhalerao, 19. Vijaysinha S/o Narayan Chandal, 20. Ramesh S/o Santram Bhalerao. All R/o Village Malewadi, Tq. Gangakhed, District Parbhani. ...APPLICANTS. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri.R.S.Deshmukh, Advocate for Applicants. Shri.B.J.Sonwane, A.P.P. for Respondent-State. Shri.E.P.Savant,Advocate for original Complainant. 2 Cri.A.1578+3 ... WITH CRIMINAL APPLICATION NO. 1927 OF 2011 IN CRIMINAL APPLICATION NO. 1578 OF 2011 Ganesh S/o Madanrao Didshere, APPLICANT. VERSUS. Madhukar S/o Santrao Bhalerao and others. RESPONDENTS. Shri.E.P.Savant, Advocate for Applicant. Shri R.S.Deshmukh,Advocate for Respondent Nos. 1 to 20. Shri.B.J.Sonwane, A.P.P. for Respondent Nos. 21 and 22. WITH CRIMINAL APPLICATION NO. 1757 OF 2011 1. Bhagwan S/o Manaji Didshere, 2. Ganesh S/o Madanrao Didshere, 3. Vaijnath S/o Bhagwan Didshere, 4. Narayan S/o Kishan Kadam, 5. Tukaram S/o Bhima Didshere, 6. Nivrutti S/o Vithal Didshere, 7. Balu S/o Bhagwan Didshere, 8. Murli S/o Gunaji Didshere, 9. Manikrao S/o Gunaji Didshere, 10. Ashok S/o Vitthal Didshere, 11. Ramkant S/o Madan Didshere, All R/o Malewadi, Tq. Gangakhed, District Parbhani. ...APPLICANTS. VERSUS 1) The State of Maharashtra, ...RESPONDENTS. And another. 3 Cri.A.1578+3 Shri.E.P.Savant, Advocate for Applicants. Shri.G.R.Ingole, A.P.P. for Respondent-State. Shri.R.S.Deshmukh,Advocate for original Complainant. WITH CRIMINAL APPLICATION NO. 1889 OF 2011 IN CRIMINAL APPLICATION NO. 1757 OF 2011 Sambhaji Santram Bhalerao APPLICANT. VERSUS. Bhagwan Manji Didshere and others. RESPONDENTS. Shri.R.S.Deshmukh, Advocate for Applicant. Shri E.P.Savant ,Advocate for Respondent Nos. 1 to 11. Shri.G.R.Ingole, A.P.P. for Respondent Nos. 12 and13. CORAM: T.V.NALAWADE, J. DATE : 24TH JUNE, 2011. PER COURT : 1. Application Nos. 1578 of 2011 and 1757 of 2011 are filed for anticipatory bail. Application No.1927 of 2011 is filed in the first proceeding by the original complainant for permission to assist APP. Application No. 1889 of 2011 is filed in the second proceeding by the original Complainant to assist APP and to oppose the bail applications. 2. APP is present with Police papers. On the last date APP was asked 4 Cri.A.1578+3 to report this Court about progress made in investigation. He has filed report given by Mr.A.T.Chitale PSI of Gangakhed Police Station, Gangakhed that weapons in both crimes are recovered. Both sides are heard. 3. The incident took place due to dispute between two groups over brook which passes through their village. One group is interested to allow the flow of the water through said brook, whereas other group is interested to obstruct the flow. Due to this dispute there was fighting and reports were filed against each other. 4. Application No. 1578 of 2011 is filed in Crime No.49 of 2011, registered with Gangakhed Police Station for the offence punishable under sections 147, 148, 149, 326, 341, 323, 504 and 506 of the Indian Penal Code. Application No. 1757 of 2011 is filed in Crime No. 50 of 2011, registered with same Police Station for the offence punishable under sections 147, 148, 149, 452, 427, 341, 326, 504 and 506 of the Indian Penal Code and also for the offence punishable under section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 5 Cri.A.1578+3 5. Allegations are made that persons of both the sides were assaulted and injuries were caused. In Crime no. 50 of 2011 injury Certificates produced on record to show that Madhukar Santram Bhalerao sustained fracture on rib. Injury certificate in respect of Bhagwat Ramesh Bhalerao shows that he sustained four simple injuries, injury certificate in respect of Sambhaji shows that he sustained three simple injuries, injury certificate in respect of Maya Bhalerao shows that she sustained three simple injuries. In Crime No. 49 of 2011 Injury Certificates are produced on record. Injury certificate in respect of Ashok Didshere shows that he sustained two simple injuries, injury certificate in respect of Nagorao Didshere shows that he sustained single injury, suspected fracture but there is no record in respect of confirmation of said fracture. Injury certificate of Ganesh Didshere, shows that he sustained three injuries and he was referred for taking X-ray, but X-ray record is not available. There is injury certificate in respect of Nivarti Didshere, to show that he sustained two simple injuries. Injury certificate in respect of Vaijnath Didshere shows that he sustained two simple injuries. Injury certificate in respect of Manik shows that he sustained two simple injuries. 6. Record and papers of investigation show that real dispute between the parties is different. Though, offence under the provisions of Scheduled 6 Cri.A.1578+3 Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 is mentioned in Crime No.50 of 2011. Considering the nature of the offence there is probability that other party has exaggerated the things and this offence is added. Bar of section 18 of the said Act will not come in the way of these applicants to get relief of anticipatory bail. Weapons are recovered. So, application No. 1757 of 2011 is allowed. So following order. (i) In case of arrest of the applicants, in Crime No. 50 of 2011, registered with Gangakhed Police Station, Tq. Gangakhed, District Parbhani for the offence punishable under sections 147, 148, 149, 452, 427, 341, 326, 504 and 506 of the Indian Penal Code and also for the offence punishable under section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, they be released on bail on their furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) each, on conditions that- (a) The applicants shall not tamper with the prosecution witnesses (b) The applicants shall not commit similar offence. 7 Cri.A.1578+3 7. Application No. 1578 of 2011 is allowed, as weapons are recovered and police should not need of custodial interrogation of the present applicants in this case. Hence following order. (i) In case of arrest of the applicants, in Crime No. 49 of 2011, registered with Gangakhed Police Station, Tq. Gangakhed, District Parbhani for the offence punishable under sections 147, 148, 149, 326, 341, 323, 504 and 506 of the Indian Penal Code, they be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees Fifteen Thousand) each, on conditions that- (a) The applicants shall not tamper with the prosecution witnesses (b) The applicants shall not commit similar offence. 8. Application No.1927 of 2011 and Application No. 1889 of 2011 filed by the original Complainants to assist APP and to oppose the two bail applications are allowed and respective counsels are permitted to assist APP. Sd/- [ T.V.NALAWADE, J.] MTK 8 Cri.A.1578+3