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. 3489 OF 2011 SHIVAJI PRABHAKAR SARAF VERSUS THE STATE OF MAHARSHTRA AND ANR ... Advocate for Petitioner(s) : Mr. Bilolikar U.B. APP for Respondent(s): Mrs.R.K.Ladda. ... 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. 2. The applicant has preferred present application seeking anticipatory bail, apprehending his arrest under Crime No.80/2011, registered at Hingoli [Rural] Police Station, District Hingoli, for the offences punishable under sections 326, 435, 323, 147, 148, 149, of Indian Penal Code. It appears that the applicant has been granted interim anticipatory bail, by this Court by order dated 10.8.2011, and same is effective till today. 3. It appears that offence has been registered on 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 the basis of the complaint lodged by the complainant namely Shobhatai Maroti Dakhore on 10.6.2011. It appears that said land was originally owned by the Trust and present applicant had purchased said land from the trust and then said land came to be sold to the family of Kolpe. It is further alleged that at about 12.30 p.m. on 10.6.2011, due to aforesaid dispute, the applicant and members of family of Shesherao and others came to the field and they set on fire hut situated in the field and they assaulted the complainant and her family members. Complainant contended that she sustained fracture during the said assault and other persons from her family were also injured. It is also contended that present applicant was present in the mob which attacked on them. 5. It is canvassed that other two accused persons namely Jagan Mapari and Parbati Limbaji Sawale, who are on the same footing like the applicant herein have been granted anticipatory bail by this Court in Criminal Application No.2958/2011 on 21.7.2011 and hence applicant prayed for the anticipatory bail. 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 6. However, considering the contents of the First Information Report and the investigation papers, it appears that there are general and omnibus allegations against the applicant herein and no specific role/overt act has been attributed to him in the occurrence of the incident. Moreover, it also appears that co-accused Jagan Mapari and Parbati Sawale who are almost on similar footing in respect of the allegations against them, and they have been granted anticipatory bail and principle of parity require that present applicant also deserves anticipatory bail by allowing present application. 7. In the result, present application is allowed and interim anticipatory bail granted to the applicant on 10.8.2011 stands confirmed on the following conditions :- i) The applicant shall give attendance before the concerned Investigator on every Tuesday and Thursday between 05.00 p.m. to 07.00 p.m. 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 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 8. Present application stands disposed of finally. These observations are primafacie in nature, and same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***