1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1019/2010 Sandesh s/o Yeshwant Patil and others. Applicants. Versus The State of Maharashtra and another. Respondents. Smt. Sadhana Jadhav, advocate for the applicants. Mr. Tele, A. P. P. for Respondent State Adv. Miss Mamta Warma h/f B.R. Warma Assistant to APP. CORAM : SHRIHARI P. DAVARE, J. DATE : 5TH MAY, 2010. PER COURT :- 1. Heard Smt. Jadhav, learned counsel for the applicants No.1 to 4 and Mr. Tele learned APP for respondent and Miss. Warma, learned counsel for the original complainant. 2. This is an application preferred by the applicants No.1 to 4 seeking anticipatory bail apprehending their arrest under Crime No.20/2010 registered at Yawal Police Station, District Jalgaon for the offences punishable under sections 363, 364, 365, 504,506 r/w 34 of Indian Penal Code. It appears 2 that offence has been registered on the complaint lodged by the complainant namely Tapiram Soma Dhangar on 26.02.2010 alleging that applicants and complainant herein are well acquainted with each other. It is also alleged that the applicants abducted complainant Tapiram on the point of knife by Scorpio vehicle and threatened him to kill and confined him illegally in view of ensuing elections of Agriculture Produce Market Committee, Yaval, District Jalgaon. It is also alleged that then applicants came to know that wife of the complainant had lodged a report against them, they forced complainant to sign on the stamp of Rs.100/- executed before the Notary at Dahanu mentioning therein that he left the house for outing on his own accord and would come back home on 25th or 26th February, 2010. Said stamp paper was sent to Police Station Yaval by the applicants. 3. On perusal of investigation papers and after considering the rival submissions advanced by learned respective counsel for the parties, it is matter of record that applicants were granted interim protection by this Court by order passed on 19th March, 2010 and same was extended from time to time which is in force till today. On the said background, learned counsel for the applicants submitted that applicants were never called for interrogation by the Investigating Agency since the date of grant of interim protection till today. Moreover, learned counsel for the applicants submitted that they have produced Scorpio bearing Registration No.KL-11/AA-1335 allegedly used in commission of offence, as well as surrendered one Hero-Honda Motor Cycle bearing No.MH-19/W-1418 before concerned Police Station and both the 3 vehicles have been seized under seizure panchnama dated 2nd April, 2010 and tendered photo copy thereof on record which is marked as document ‘X’. 4. It is also submitted that complainant’s wife had filed Writ Petition No.180/2010 before this Court praying the Writ of Habeas Corpus since her husband i.e. complainant herein was not traceable and this Court issued direction to register the complaint and accordingly complainant’s wife lodged missing complaint and subsequently complaint was filed by the present complainant. 5. Having the comprehensive view of the matter, the possibility of false implication of the applicants in the present offence due to political enmity cannot be ruled out. Moreover, since applicants were never called for interrogation from the date of grant of interim protection as afore stated, it appears that there is no necessity of Custodial Interrogation of the applicants. Hence, considering the facts and circumstances, I am of the view that present application deserves to be allowed, confirming the interim protection granted to the applicants. 6. In the result, present application is allowed and interim protection granted to the applicants stands confirmed and it is directed that in the event of arrest, applicant Nos.1 to 4 under Crime No.20/2010 registered at Yawal Police Station, District Jalgaon, they be released on furnishing surety in 4 the sum of Rs.15,000/- each and on executing P. R. Bond in the like amount by each of them, on following conditions :- (I). Applicant Nos.1 to 4 shall attend the concerned Police Station as and when required on written intimation, till filing of chargesheet and shall cooperate in the investigation. (II). Applicant Nos. 1 to 4 shall not tamper with the evidence and/or influence upon the witnesses directly or indirectly. 7. These observations are primafacie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. This order shall be in force till filing of the charge sheet and one week thereafter. ( SHRIHARI P. DAVARE, J. ) ..... aaa/1019.10