(1) Cri. Application Nos. 4241 & 4244 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4241 of 2011 With Criminal Application No. 4244 of 2011 1. Balasaheb Sambhaji Nehul, Age : 35 years, Occupation : Agriculture, R/o. Javkhede Dumala, Taluka : Pathardi, District : Ahmednagar. 2. Bhima Sambhaji Nehul, Age : 30 years, Occupation : Agriculture, R/o. Javkhede Dumala, Taluka : Pathardi, District : Ahmednagar. 3. Ashok Natha Karpe, Age : 40 years, Occupation : Primary Teacher, R/o. Avhane, Taluka : Shevgaon, District : Ahmednagar. 4. Raj Ashok Karpe, Age : 20 years, Occupation : Education, R/o. Avhane, Taluka : Shevgaon, District : Ahmednagar. (2) Cri. Application Nos. 4241 & 4244 of 2011 5. Laxmibai Sambhaji Nehul, Age : 60 years, Occupation : Agriculture, R/o. Javkhede Dumala, Taluka : Pathardi, District : Ahmednagar. .. Applicants. versus The State of Maharashtra. .. Respondent. ....................... Mr. Joydeep Chatterji, Advocate, for the applicants. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent. ........................ Criminal Application No. 4244 of 2011 1. Rajendra (Baban) s/o. Bhausaheb Aher, Age : 48 years, Occupation : Govt. Service, Resident of At & Post : Avhane Khurd, Taluka : Shevgaon, District : Ahmednagar. 2. Shobha Jalinder Dhas (Shobha w/o. Rajendra Aher), Age : 35 years, Occupation : Govt. Service, Resident of At & Post : Avhane Khurd, .. Applicants Taluka : Shevgaon, (Original accused District : Ahmednagar. nos.6 & 11) (3) Cri. Application Nos. 4241 & 4244 of 2011 versus 1. The State of Maharashtra, Through Secretary, Home Department, Mantralaya, Mumbai-32. 2. The Superintendent of Police, Ahmednagar, District : Ahmednagar. 3. The Police Inspector, Pathardi Police Station, Pathardi, Taluka : Pathardi, District : Ahmednagar. .. Respondents. ....................... Mr. D.V. Soman, Advocate, for the applicants. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent nos.1, 2 and 3. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 14TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made (4) Cri. Application Nos. 4241 & 4244 of 2011 available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. Aforesaid both the applications are preferred by the respective applicants therein, seeking anticipatory bail apprehending their arrest in connection with Crime No. I-391/2011, registered at Police Station, Pathardi (District : Ahmednagar), for the offences punishable under Sections 143, 147, 148, 149, 326, 323, 504 and 506 of Indian Penal Code. 3. At the outset, after hearing learned respective Counsel for the parties, extensively, Mr. Joydeep Chatterji, learned Counsel for the applicants in Criminal Application No. 4241 of 2011, on instructions, seeks leave to withdraw the said Application to the extent of applicant no.2, namely, Bhima s/o. Sambhaji Nehul, and applicant no.3, namely, Ashok s/o. Natha Karpe. In view of the said submission, leave granted, and Criminal Application No. 4241 of 2011 stands dismissed as withdrawn in respect of said applicant no.2, Bhima, and applicant no.3, Ashok, and is disposed of finally. 4. Moreover, as regards Criminal Application No. 4244 of 2011, after hearing learned respective Counsel for the parties, extensively, Mr. D.V. Soman, learned Counsel for the applicants, (5) Cri. Application Nos. 4241 & 4244 of 2011 seeks leave to withdraw the said Application to the extent of applicant no.1, namely, Rajendra (Baban) s/o. Bhausaheb Aher. In view of the said submission, leave granted, and Criminal Application No. 4244 of 2011 stands dismissed as withdrawn in respect of applicant no.1, Rajendra (Baban), and is disposed of finally. 5. Accordingly, Criminal Application No. 4241 of 2011 to proceed with, in respect of applicant no.1, Balasaheb s/o. Sambhaji Nehul; applicant no.4, Raj s/o. Ashok Karpe, and applicant no.5, Laxmibai s/o. Sambhaji Nehul; whereas Criminal Application No. 4244 of 2011 shall proceed with the remaining applicant no.2, namely, Shobha Jalinder Dhas (Shobha w/o. Rajendra Aher). 6. It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely, Mahesh s/o. Shivaji Nehul, against the applicants and other co- accused persons, on 20th September 2011, in respect of occurrence of the alleged incident on 16th September 2011. As per contents of the said FIR, the incident occurred in two partes; firstly, at about 3.00 p.m. on 16-9-2011, and secondly, at about 7.30 p.m. on the same day. As regards the occurrence of the first part of the incident at about 3.00 p.m., there are general and (6) Cri. Application Nos. 4241 & 4244 of 2011 omnibus allegations against applicant no.1, Balasaheb, and applicant no.4, Raj, in Criminal Application No. 4241 of 2011, that they assaulted the complainant by leg kicks and fist blows. So is the position in respect of the later part of the incident at about 7.30 p.m., and there are general and omnibus allegations against the said applicant no.1, Balasaheb, and applicant no.4, Raj, that they gave abuses, threatened and assaulted by leg kicks and fist blows to the complainant, and not beyond that. There are no allegations against said applicant no.1, Balasaheb, and applicant no.4, Raj, in Criminal Application No. 4241 of 2011, that they used any weapon during the alleged assault, and nothing is to be recovered from them. Hence, their Application for anticipatory bail deserves to be considered. 7. As regards applicant no.5, namely, Laxmibai Sambhaji Nehul, in Criminal Application No. 4241 of 2011, and applicant no.2, namely, Shobha Jalinder Dhas (Shobha w/o. Rajendra Aher), in Criminal Application No. 4244 of 2011, contents of the said complaint disclose that they allegedly threw chilly powder in the eyes during occurrence of the incident. However, the said contents of the FIR do not specifically disclose as to in whose eyes the said chilly powder was thrown by the said two applicants. Apart from that, even if it is assumed without admitting that the said chilly powder was allegedly thrown in the (7) Cri. Application Nos. 4241 & 4244 of 2011 eyes of the complainant Mahesh, pertinently, his injury certificate does not disclose any injury / swelling on his eyes. Moreover, nothing is to be recovered from the said two applicants, namely, Laxmibai and Shobha. Hence, their Applications for anticipatory bail also deserve to be considered. 8. Having comprehensive view of the matter, and considering the accusations made against applicant no.1, Balasaheb; applicant no.4, Raj, and applicant no.5, Laxmibai, in Criminal Application No. 4241 of 2011; and applicant no.2, Shobha, in Criminal Application No. 4244 of 2011, it appears that there is no necessity of their custodial interrogation for further progress in the investigation, and hence, aftersaid both the Applications to their extent can be considered for grant of anticipatory bail, but on certain conditions. 9. In the result, Criminal Application No. 4241 of 2011 is allowed partly to the extent of applicant no.1, Balasaheb s/o. Sambhaji Nehul; applicant no.4, Raj s/o. Ashok Karpe, and applicant no.5, Laxmibai Sambhaji Nehul, and it is directed that in the event of arrest of applicant no.1, Balasaheb; applicant no.4, Raj, and applicant no.5, Laxmibai, in connection with Crime No. I-391/2011, registered at Police Station, Pathardi (District : Ahmednagar), they be released on bail, on furnishing P.R. Bond (8) Cri. Application Nos. 4241 & 4244 of 2011 in the sum of Rs. 15,000/-, each, with one surety in the like amount by each of them, on the conditions mentioned herein below. Moreover, Criminal Application No. 4244 of 2011 is also allowed partly to the extent of applicant no.2, Shobha Jalinder Dhas (Shobha w/o. Rajendra Aher), and it is directed that in the event of arrest of said applicant no.2, Shobha, in connection with Crime No. I-391/2011, registered at Police Station, Pathardi (District : Ahmednagar), she be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on the conditions mentioned herein below : (i) Applicant no.1, Balasaheb; applicant no.4, Raj, and applicant no.5, Laxmibai, in Criminal Application No. 4241 of 2011; and applicant no.2, Shobha, in Criminal Application No. 4244 of 2011, shall give attendance before the concerned investigator, once in a week i.e. on every Wednesday, between 3.00 p.m. to 5.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (ii) Applicant no.1, Balasaheb; applicant no.4, Raj, and applicant no.5, Laxmibai, in Criminal Application No. 4241 of 2011; and applicant no.2, Shobha, in Criminal Application No. 4244 of 2011, shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or (9) Cri. Application Nos. 4241 & 4244 of 2011 indirectly. 10. However, Criminal Application No. 4241 of 2011 stands dismissed as withdrawn to the extent of applicant no.2, Bhima s/o. Sambhaji Nehul, and applicant no.3, Ashok s/o. Natha Karpe, as well as, Criminal Application No. 4244 of 2011 also stands dismissed as withdrawn to the extent of applicant no.1, Rajendra (Baban) s/o. Bhausaheb Aher. 11. Both the Criminal Applications stand disposed of finally. 12. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka4241etc