FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3488 OF 2011 KUSUML NAMDEO ZAREKAR AND ORS VERSUS THE STATE OF MAHARSHTRA AND ANR ... Advocate for Petitioner(s) : Mr. Jadhav Sadhana S. APP for Respondent(s): Mr. D.R.Korde. .. CORAM : SHRIHARI P. DAVARE, J. Dated: August 23, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. It appears that interim anticipatory bail was granted to the applicants by this Court as per order dated 10.8.2011, which is effective, till today. 2. The applicants have preferred present application seeking anticipatory bail, apprehending their arrest under Crime No.294/2011, registered at Pathardi Police Station, District Ahmednagar for the offences punishable under sections 326, 324, 323, 143, 147, 148, 504, 506 of Indian Penal Code. 4. It appears that offence has been registered on the basis of the complaint lodged by the complainant Subhash Jadhav on 20.7.2011, who is brother of FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Anuradha. The applicant No.1 Kusum is the mother- in-law of Anuradha where as applicant No.2-Shital is the second wife of Bhimraj Zarekar i.e. husband of Anuradha, where as applicant No.3 Vatsala is the paternal aunt of husband of Anuradha. There are allegations in the said complaint that on 19.7.2011, the complainant alongwith his brother Machindra Jadhav and Dnyaneshwar Jadhav visited to the house of his sister namely Anuradha, for settlement, since she was illtreated by her husband and in laws. The applicants and other family members were in the house however, it is alleged that visit of the complainant and his brother was not liked by the husband of Anuradha and her inlaws and therefore, Namdev Laxman Zarekar i.e. father in law of Anuradha assaulted the complainant on her right ear bu iron rod, whereas Bhimraj Namdev Zarekar i.e. Namdev’s son assaulted cousin of the complainant namely Machindra Jadhav by axe on his head and other persons assaulted the complainant and his brother by leg kicks and fist blows and abused and threatened them. 5. Thus apparently, although, names of the applicants have been reflected in the First Information Report, no specific role/overt act has been attributed to them, in the occurrence of the incident. Moreover, it also appears that there are general and omnibus FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders allegations against the applicants. 6. Moreover, it is pointed out that, Bhimraj has lodged false complaint bearing Crime No.295/2011 for the offences punishable under sections 436, 324, 143, 147, 323, 504, 506 of Indian Penal Code to Pathardi Police Station, District Ahmednagar. Learned A.P.P. pointed out that Namdev Jadhav as well as his son are absconding. 7. However, considering the accusations made against the applicants and their alleged role in the occurrence of the incident, the applicants deserve anticipatory bail and interim protection granted in their favour deserve to be confirmed. 8. In the result, present application is allowed and interim anticipatory bail granted to the applicants on 10.8.2011 stand confirmed on the following conditions :- i) The applicant nos. 1 to 3 shall give attendance before the concerned Investigator on every Saturday between 03.00 p.m. to 05.00 p.m. for the period of four weeks, till filing of the Charge sheet and shall cooperate in the investigation. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders ii] The applicant nos. 1 to 3 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 9. Present application/s stand disposed of finally. These observations are the primafacie observations, may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***