- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NOS.2063/2010 & 2073/2010 CRIMINAL APPLICATION NO.2063/2010 Ramesh Bansi Shrikhende, age 57 yrs.,occu.social worker, r/o Yeshwant Nagar, Sakri Road, Dhule Tq. & Dist.Dhule. ... Applicant... Versus 1] The State of Maharashtra. 2] The District Superintendent of Police, Dhule. Tq. & Dist.Dhule. ...Respondents... ..... Shri R.N. Dhorde, Advocate for applicant. Shri P.P. More, APP for respondents. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= - 2 - CRIMINAL APPLICATION NO.2073/2010 Nitin @ Banti s/o Arjun Vidhate, age 24 yrs.,occu.education r/o Yeshwant Nagar, Sakri Road, Dhule. Tq. & Dist.Dhule. ...Applicant.. Versus 1] The State of Maharashtra. 2] The Investigation Officer, Dhule City Police Station, Dhule. ...Respondents.. ..... Shri C.R. Deshpande, Advocate for applicant. Shri P.P. More, A.P.P. for respondents. CORAM: A.V. POTDAR, J. DATE: 17.06.2010 PER COURT: 1] Both these applications are moved by the respective applicants for their release on anticipatory bail in the event of their arrest in connection with Crime No. 131/2010 registered in Dhule City Police Station of Dhule District for the alleged offence u/s.143 to 149, 307, 435, 336, 341 r/w 34 of the Indian Penal Code an Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. - 3 - 2] Heard respective learned counsel for the applicants in both these applications and also the learned A.P.P. for respondents. Perused the papers of investigation carried out. 3] During the course of submissions, learned counsel for the applicant appearing in the first application, drew my attention towards the paper publication, which is at pages 35 & 36, which discloses that the applicant therein is a President of All India Vasudeo Joshi Gondhali Samaj Seva Sangh. He had arranged a communal marriage ceremony, which was to be performed on 20.5.2010 at 7-30 p.m. at Dhule. During the said ceremony, 13 couples were to marry and more than 50 delegates were invited including the Central Home Minister, some State Ministers and certain dignitaries having high profile. It is also contended that so far as these couples are concerned, they are not only the local residents of Dhule, but are the residents of nearby Districts as well as nearby States also. As at the function, large number of guests came from outside State also, it is alleged that on the day of the incident i.e. 27.5.2010, some of these guests assembled in one Ashok Beer Bar in the afternoon and were consuming beer. At that time, the complainant in Crime No.131/2010 and some of his friends, relatives and associates also assembled in the same Beer Bar and were consuming beer. It appears that some altercation of words took place between those two groups and due to that, some quarrel took place. Son of the applicant in the first application had been there as a responsible person to settle the dispute between the parties. - 4 - At that time, the complainant’s party in Crime No.131/2010 along with their associates, who were at the spot and took quarrel with deadly weapons in their hands, because of that, son of the applicant in the first application got injured and accordingly in the late hours of 27.5.2010, offence came to be registered against the complainant in Crime No.131/2010 and his associates vide Crime No. 133/2010, which was reported in Dhule Police Station around 10-40 p.m. 4] During the course of submissions across the Bar, my attention is drawn towards the contents of the complaint in Crime No.131/2010, which incident allegedly occurred around 4-30 p.m. It is alleged that when the complainant Bhatu @ Bhaiya Bhamre was proceeding towards Kalyani Dairy to purchase milk on his motor bike, son of the applicant in the first application along with his associates including the applicant in second application intercepted them and abused on the caste. 5] On clear reading of the complaint, the complaint does not disclose anywhere that there was previous enmity or any previous quarrel or dispute between these applicants and the complainant therein, but all of a sudden quarrel took place wherein they were abused on caste and were assaulted. Bearing in mind these facts, it is to be noted that if there is no previous enmity and the applicant in the first application was engaged in the wedding ceremonies to be performed the very next day, whether there was any possibility of the incident as projected in the complaint itself. - 5 - 6] Considering these aspects, even though the complaint lodged by son of the applicant in the first application is after the complaint registered in Crime No. 131/2010, there are no reasons to believe that Crime No.131/2010 might have been filed to give counter blast to the earlier incident which had taken place in the afternoon of 27.5.2010. At the same time, so far as allegations against the applicant in the second application are concerned, other than his presence shown in the complaint, no overt act is alleged to his credit. In the premises, case is made out to exercise discretion vested in this Court to enlarge the applicants on anticipatory bail. 7] Criminal Applications Nos.2063/2010 and 2073/2010 are hereby allowed. Both the applicants be released on bail in the event of their arrest in connection with Crime No.131/2010 registered in Dhule City Police Station of District Dhule on furnishing surety in the sum of Rs.15,000/- and on executing P.R. Bond in the like amount. After their release in the event of their arrest, they have to cooperate with the investigating agency and to attend Dhule City Police Station if required on the written intimation by the investigating officer concerned. Both the applications stand disposed of accordingly. (A.V. Potdar, J.) ndk/cr176103