1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2469 OF 2010 1. Annasaheb Khanderao Karjule, Age-48 years, Occu-Agriculture, 2. Mangal Annasaheb Karjule, Age-38 years, Occu-Household Both are R/o.Tamaswadi, Tal.Newasa, Dist. Ahmednagar APPLICANTS VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Ahmednagar RESPONDENTS Mr.V.D.Sapkal, learned counsel for applicants. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their pre-arrest bail, in the event of their arrest in connection with CR No.148/2010, registered in Newasa Police Station. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 2 3. CR No.148/2010 came to be registered on the complaint of one Dnyandeo Mohan Karjule R/o.Tamaswadi, about the incident dated 18/06/2010, which was occurred in his field. According to the complainant, the first applicant is his uncle and the second applicant is the wife of his uncle. Considering the close relationship, there shall not be any mistaken identity. The complaint further discloses that when the complainant was doing ploughing work in his field, at around 11.00 a.m. to 11.30 a.m., first applicant came to him, took him towards the boundary of his field, where one Pradip and Sandip were already present having axe and stick in their hand. All of a sudden, those 4 persons, including these two applicants started assaulting the complainant with the weapons in their hand. Details in respect of the blows given by the individual applicant were mentioned in the complaint. Subsequent to the assault, he was taken to Newasa Rural Hospital, where he was treated and on the next day, complaint came to be lodged. It is urged on behalf of applicants that there is civil dispute between the complainant party and applicants party. According to him, there is delay of 24 hours in lodging the FIR. 3 4. Learned APP placed in my hand the medical certificate of the injured, which discloses that the injured was treated at Newasa Rural Hospital on 18/06/2010, around 1.00 p.m. Total 6 injuries were found on his person, and the age of the injuries is between 24 hours. The weapon used to cause these injuries is mentioned as hard and blunt object. There are remarks that considering the grevious injury like fracture, the complainant was referred for further treatment to the Civil Hospital. If it is so, unless the initial primary treatment of the complainant was over, he will not lodge the complaint. Apart from it, medical certificate shows that while the complainant was under treatment, MLC was recorded which is sufficient to explain the delay. Considering the fact that the applicants and complainant are close relatives of each other, there will not be any mistaken identity of these applicants and the weapons used by them in the said incident. If it is so, there is not possibility of false implication of the applicants in this crime. Application is sans any merit, hence stands rejected. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2469-10