1 crap4453.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4453 OF 2011 1 Nitin Vilas Shirsath, age 20 years, occ. student, 2 Nilesh Vilas Shirsath, age 19 years, occ. agriculture, Both r/o Ghodegaon, Tq. Newasa, District Ahmednagar ...Applicants VERSUS 1 The State of Maharashtra ...Respondent ..... Shri Joydeep Chatterjee, advocate for applicant nos. 1 and 2 Shri G.R.Ingole, A.P.P. for respondent ..... CRIMINAL APPLICATION NO. 4368 OF 2011 1 Kiran s/o Dilip Barde, age 21 years, occ. Labour work, R/o Ghodegaon, Tal. Newasa, Dist. Ahmednagar ...Applicant VERSUS 1 The State of Maharashtra, through In-charge Police Station, Newasa, Dist. Ahmednagar 2 The Superintendent of Police, Ahmednagar ...Respondents ..... 2 crap4453.11 Shri V.D.Sapkal, advocate for applicant Shri G.R.Ingole, A.P.P. for respondent nos. 1 and 2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19th October, 2011 PER COURT : - 1 Perused the investigation papers which were made available for inspection purpose, as well as heard respective learned counsel for the parties in both the aforesaid applications finally. 2 These are the two applications preferred by the respective applicants therein seeking anticipatory bail apprehending their arrest under C.R. No. I-191 of 2011, registered at Newasa police station, District Ahmednagar, for the offences punishable under Sections 307, 324, 323, 143, 147, 148, 149, 427, 504, 506, 452 of the Indian Penal Code and Sections 3/25 and 4/25 of the Arms Act and Section 135 of the Bombay Police Act. 3 crap4453.11 3 It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely Sopan Mohan Bhagat on 20.9.2011 against the applicants and other co-accused persons. It is alleged in the said complaint that on 20.9.2011 at about 9.30 a.m. in Shriram Chowk at village Deogaon in front of grocery shop of the complainant, the applicants in both the afore said applications, namely NItin Vilas Shirsath and Nilesh Vilas Shirsath, as well as Kiran Dilip Barde along with other co-accused persons, armed with wooden logs, sticks and guptis, arrived there on motor cycles. It is also alleged that the co-accused Anna Gaikwad threatened the complainant by pointing revolver to the stomach of the complainant and attempted to kill him. It is also alleged that Sahebrao Gavhane assaulted the complainant by wooden log. It is further alleged that the other persons also assaulted the complainant. Rajendra Mohan Unhale, Abasaheb Gorakh Yadav, Devidas Natha Wagh, Raosaheb Nivrutrti Thombare also assaulted Bashir Sayed by entering into his tailoring shop and damaged his machines. It is further alleged that they also assaulted Shaikh Shaukat and damaged his rickshaw. 4 crap4453.11 4 However, although the names of the applicants in afore said both the applications have been reflected in the contents of the first information report, there is no specific overt act/role attributed to each of them during the occurrence of the afore said incident, and it also appears that the allegations made against the applicants in both the afore said applications are general and omnibus. Moreover, it further appears that during the course of investigation, statements of witnesses have been recorded and even the said statements of the witnesses, such as Avinash Kale i.e. independent witness, Raosaheb Thombre, Bashir Sayed, Rajendra Unhale, Laxman Walhekar are also in tune with the contents of the complaint and there are general and omnibus allegations against the applicants therein also. 5 Having the comprehensive view of the matter and considering the accusations made against the applicants in afore said both the applications and nature and gravity thereof, it appears that there is no necessity of custodial interrogation of the applicants in both the applications for further progress in the investigation, and hence, interim anticipatory bail granted to 5 crap4453.11 them deserve to be made absolute, but on certain conditions. 6 In the result, both the aforesaid applications are allowed and it is directed that in the event of arrest of the applicants-Nitin Vilas Shirsath and Nilesh Vilas Shirsath in Criminal Application No. 4453 of 2011 and applicant-Kiran Dilip Barde in Criminal Application No. 4368 of 2011, under C.R. No. I-191 of 2011of Newasa police station, District Ahmednagar, they be released on bail on their furnishing P.R. bond in the sum of Rs.15,000/- each, with one surety in the like amount by each of them, on the following conditions. (i) The applicants in the aforesaid both the applications shall give attendance before the concerned investigator once in a week i.e. on every Wednesday between 4.00 p.m. to 7.00 p.m., till filing of charge sheet, and shall cooperate in the investigation. (ii) The applicants in the aforesaid both the applications shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 6 crap4453.11 7 However, it is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 8 Both the applications stand disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4453.11