1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1176 OF 2010 Vishnu s/o Bhimrao Jambhulkar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.S. Thombre, Advocate for the applicant Shri K.S. Patil, A.P.P. for the respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 9th April, 2010 PER COURT: 1. Heard Mr. S.S. Thombre, learned counsel for the applicant as well as heard Mr. K.S. Patil, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant, seeking anticipatory bail, apprehending his arrest under C.R. No.I-31/2010, registered at Sillod (Rural) Police Station, District Aurangabad for the offences punishable under Sections 143, 147, 148, 149, 353, 332, 323, 379, 504, 506 of the Indian Penal Code read with Section 21(1)(2)(3)(4)(5) of Mines and Minerals Act and Section 7 of 2 Criminal Law Amendment Act. 3. It appears that, the complaint has been registered on 15.3.2010 on the report lodged by the complainant namely Shaikh Maqsood Shaikh Mahemood, alleging that, at the relevant time he was working as Talathi of village Mondha (Bk.) and he along with seven other persons from the Department were on patrolling duty so as to prevent the threat of sand which was lying in the river bed of river Purna. On the relevant day at about 10.00 p.m. they saw a tractor in which some persons were filling sand illegally and, therefore, restrained them, upon which four labourers ran away and the driver was asked to take the tractor in Tahsil Office, but he refused to do the same. At this juncture, the applicant came on the said spot along with 4-5 persons by black colour Scorpio and abused the complainant and man-handled and assaulted him asking him why his tractor was halted. 4. On the aforesaid background, Shri S.S. Thombre, learned counsel for the applicant made statement that the Scorpio in question has been already produced before the Sillod (Rural) Police Station, District Aurangabad and same has been seized by the police personnel and the said statement is accepted and taken on record and in view of the aforesaid position, I am of the view that 3 there is no necessity of custodial interrogation of the applicants and, therefore, present application deserves to be allowed. 5. In the result, present application is allowed and it is directed that, in the event of the arrest of the applicant under C.R. No.I-31/2010, registered at Sillod (Rural) Police Station, District Aurangabad, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the following terms and conditions : (i) The applicant shall attend the concerned police station as and when required and shall cooperate in the investigation. (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 6. Needless to say that the above bail is granted to applicant till filing of the charge sheet. (SHRIHARI P. DAVARE) JUDGE fmp/cri117610