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. 4268 OF 2011 BHIMRAO MARIBA BHARADE VERSUS THE STATE OF MAHARSHTRA AND ANR ... Advocate for Petitioner(s) : Mrs. Jadhav S. S. APP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 18, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. At the outset, applicant was granted interim anticipatory bail by order dated 4.10.2011, and same is effective till today. 2. This is an application preferred by the applicant, seeking anticipatory bail, apprehending his arrest under Crime No.129/2011, registered at Kotwali Police Station, Parbhani for the offences punishable under sections 302, 147, 148, 149 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Vikas @ Sandip Vaijinath Gavhane on 20.7.2011 against the co- accused persons and 15 others. Admittedly, the name of the 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 applicant herein has not been reflected in the First Information Report during the occurrence of the incident. The victim is Kalyan Gavhane, who was allegedly assaulted by Yogesh Shinde by knife on his chest giving 3-4 blows thereof, and other co-accused persons namely Sonwane and Mule caught hold of hands of the victim and thereby facilitated the said attack, and thereafter fled away. 4. It is alleged that, name of the applicant herein revealed during the course of investigation, more particularly, in the statement of co-accused Tukaram Kondiba Bobde. On perusal of the statement of said co-accused Tukaram Bobade dated 25.7.2011 it appears that, no specific overt act/ specific role has been attributed to the applicant in respect of participation of the applicant in the alleged occurrence of the incident and, in fact, it appears from the said statement that the applicant tried to pacify the other co-accused persons. It is also significant to note that, although, name of the applicant herein was surfaced in the statement of co-accused Tukaram Bobde dated 25.7.2011, his name was not reflected in the Remand Yadi dated 28.7.2011 as absconding accused. 5. Having comprehensive view of the matter and, considering the accusations made against the applicant and 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 nature and gravity thereof, it appears that there is no necessity of custodial interrogation of the applicant for further progress in the investigation. Hence, interim anticipatory bail granted to the applicant deserves to be made absolute, but on certain conditions :- 6. In the result, present application is allowed and interim anticipatory bail granted to the applicant on 4.10.2011 stands confirmed on the following conditions :- i] That the applicant shall give attendance before the concerned Investigator once in a week i.e. on every Monday between 4 p.m. to 7 p.m., till filing of charge sheet and shall cooperate in the investigation. 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. 7. Present application is disposed of finally. 8. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***