( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4425 OF 2010 Appasaheb Kachru Choudhari, R/o Churmapuri, Tq. Ambad, District Jalna APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. N.S. Ghanekar, advocate for the applicant. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd November, 2010] PER COURT : 1. This is an application for anticipatory bail. 2. The applicant apprehends his arrest in connection with crime No. 169/2010 registered against him and other accused persons, for offences punishable under section 143, 147, 148, 149, 326, 504 of the I.P. Code and under section 135 of the Bombay Police Act. 3. Heard learned advocate for the applicant and learned A.P.P. Perused the investigation papers. ( 2 ) 4. It appears that FIR was lodged by Shaligram Phatangade on basis of which the crime No. 169/2010 was registered. The alleged incident is said to have occurred in the evening of 14th September, 2010. The incident occurred due to the quarrel which had ensued on account of common bandh situated in the agricultural lands of the parties and a counter complaint was lodged by Kailash Choudhari alleging that he and the present applicant, etc. were assaulted by members of the rival group. 5. The learned advocate for the applicant has placed on record provisional Medico-Legal Certificate which shows that the applicant was injured during course of the relevant incident. It appears that he had suffered two (2) contused lacerated wounds and was referred for X-Ray examination. The Medico-Legal Certificates relied upon by the prosecution would show that injured Baliram Phatangade and Prabhakar Phatangade had received only abrasion injuries of minor nature whereas injured Rameshwar Phatangade, Shaligram Phatangade and Ganesh Phatangade had received simple injuries. Considering the manner of allegations and counter allegations, it may be gathered that the case against the applicant may not fall ( 3 ) within ambit of section 326 of the I.P. Code. Under the circumstances, his custodial interrogation may not be necessary. 6. In the result, the application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs. 15,000/- (rupees fifteen thousand) before the Arresting Officer, and on condition that he shall remain present at the Police Station, Gondi (Dist. Jalna) on each Sunday between 10 a.m. and 2 p.m. and shall cooperate with the Investigating Officer during course of investigation. He shall so attend the concerned Police Station for four (4) consecutive Sundays henceforth and the recovery, if any, made from him will be deemed as one under section 27 of the Evidence Act. [V.R. KINGAONKAR] JUDGE NPJ/criapln4425-2010 ( 4 )