IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION NO. 3117 OF 2009 Kiran Gangadhar Pawar........ Applicant versus The State of Maharashtra ........Respondent. Mr. V. V. Purwant adv. For the Applicant Mrs. M.H. Mhatre APP For the State. CORAM: A. P DESHPANDE, J. DATED : 20th July, 2009. P. C.: 1. By consent of the learned counsel appearing for the parties, the application is taken up for final disposal. An offence has been registered against the applicant on the basis of a complaint dated 24­10­2006 for offence under sections 392, 143, and 146 of IPC along with four other accused. It is not in dispute that after completion of the investigation, charge sheet is already filed. The learned counsel for the applicant has pointed out that initially an FIR was lodged on 23­10­2006 on account of an incident that had taken place at about 7.00 p.m. by Amul Shinde wherein it is stated that he along with his friends Amul Kadam and Kiran Jadhav were proceeding in front of Bajirao Math at which point of time Raju Pawar, Vinayak Takbhate and Kiran Pawar abused the complaint and assaulted him by fist and kick blows. It is also stated that as no serious injury was sustained in the assault, he does not want to go for medical examination. It is evident that the applicant has not been named as a person who assaulted. On the contrary the complaint dated 23­10­2006 reveals that only the complainant Amul Shinde was assaulted. On the next day, i.e. on 24­10­2006 the brother of the present applicant filed a complaint of the same incident against the group of the complainant. Chapter proceedings are also initiated against the accused in the complaint dated 23­10­2006. The learned counsel for the applicant also submits that Amul Kadam also filed a complaint on 24­10­2006 wherein for the first time the present applicant has been implicated by stating that Kiran Pawar/applicant assaulted the complainant and Amul Shinde and snatched the gold chain. The number of assailants is also increased from 3 to 5 thereby attracting a grievous offence under section 395 of IPC. The police, according to the learned counsel for the applicant, did not call upon the present applicant since the year 2006 till date. However as the applicant now apprehends arrest at the hands of the police, for commission of the offence relating to the incident dated 23­10­2006 the present application has been filed. The applicant in the intervening period has been elected as a Corporator of Solapur Municipal Corporation and also is a member of the standing committee. It is hence submitted that in the event of arrest, the applicant would be disgressed, when there is hardly any material against the applicant to sustain the charge. It is also pointed out that being a elected representative there is no chance of his fleeing from justice. It is also stated that the applicant is ready and willing to abide by whatever conditions are imposed. Having regard to the totality of the facts narrated hereinabove, I am of the clear view that the applicant is entitled anticipatory bail. In the event of his arrest for offence under section 392, 143, and 146 of IPC in C.R. No. of 294/06 of Foujdar Chawadi police station, the applicant shall be released on bail on execution of Personal Bond of Rs. 25,000/­ with one or two sureties in the like amount subject to further condition that the applicant shall attend police station Foujdar Chawadi once in a week for a period of two months between 5 to 7 p.m. The applicant shall also abide the conditions stipulated under sec. 438(2) of Cr.P.C. The application is disposed of. (A. P. Deshpande, J.)