Cri. Apln. No. 1475/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1475 OF 2011 The State of Maharashtra Through the Police Station Officer, Vazirabad Police Station, Nanded. ....Applicant. Versus Manprit s/o. Govindsingh Kunjiwale & Ors. ....Respondents. Mr. N.H. Borade, APP for applicant/State. Mr. P.V. Mandlik h/f. Mr. A.S. Gandhi, for original complainant. Mr. V.D. Sonawane, Advocate for respondent Nos. 1 to 3. CORAM : T. V. NALAWADE, J. DATED : 23rd June, 2011. PER COURT : 1. This application is filed for cancellation of anticipatory bail granted to present respondents in Misc. Application No. 104/2011 by Sessions Judge, Nilanga. The other side has appeared. An affidavit in reply is filed on behalf of respondents. Both the sides are heard. 2. It is the case of the applicant/State that when condition was imposed by the Sessions Court against the respondents that they should Cri. Apln. No. 1475/2011 2 make themselves available for the purpose of interrogation on each Sunday during 12 noon to 3 pm till the date of filing of chargesheet, this condition is not fulfilled by the present respondents and so the order is liable to be cancelled. One more ground is taken in the application that the Sessions Court has not considered the material on record and when the case of the State is that the weapons need to be recovered from respondents, in spite of that anticipatory bail is granted by the Sessions Court. 3. In view of the aforesaid contentions, the APP was asked to show the evidence and circumstances on the basis of which it can be said that the custodial interrogation is necessary. The report is given by the President of Gurudwara, Nanded. He has made allegations that on 25.1.2011 at about 4.30 pm when he was present in lunger hall, 25 to 30 youngsters came with one Nehengsing. He has made allegations that he was assaulted by using weapons like sword, Khanjar and also by sticks. He has taken the names of two respondents. He has contended that first applicant Manpritsing and second applicant Rajendrasing had given him beating by fist blows and kicks. No specific allegations were made against the third respondent in the present case. 4. It is clear that in view of the aforesaid circumstances the Sessions Court granted anticipatory bail. Today some record came to be produced Cri. Apln. No. 1475/2011 3 for respondents which include a pamphlet distributed by respondent No. 3 Raghuweersingh in which grievance was expressed against the management of Gurudwara. Attendance extracts of all three respondents dated 6.3.2011 are also produced. A query was made to the State and it was asked as to why the chargesheet is not filed even after completion of more than five months. The APP submitted that some weapons are not recovered and so the chargesheet is not filed. The record shows that this submission made by the State cannot be accepted as there was no allegation against the present respondents that they had used the weapons. Thus, there is no force in the contention that respondents did not make themselves available and so the investigation could not be completed. The APP has relied on the case reported in 2010 CRI. L. J. 513 [Devendra Gupta and Anr. Vs. State and Ors. ]. The facts and circumstances of this case are different. Hence, this case is not helpful to the prosecution. 5. It is clear that there is some dispute of other kind between present respondents and the original complainant. Only because condition was put by the Sessions Court to attend, it cannot be said that due to breach of such condition, the order can be cancelled. The purpose behind condition needs to be kept in mind. When the order was made on 21.2.2011, the present application came to be filed in the month of April 2011. This circumstance shows that there is clear Cri. Apln. No. 1475/2011 4 probability that the investigating agency is not fair. In view of these circumstances, this Court holds that it is not a fit case for cancellation of order made by the Sessions Court and so, the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1475/11