{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 513 OF 2010 1. Babasaheb s/o Bhaurao Tayade Age-65 years, Occ-Agri 2. Abasaheb s/o Babasaheb Tayade Age-22 years, Occ-Agri Both R/o Bhanang Jalgaon, Tq-Ghansawangi, Dist-Jalna APPLICANTS VERSUS The State of Maharashtra Through the Officer in charge of Gondi police station at Gondi, Tq-Ambad, Dist-Jalna RESPONDENT ....... Mr. B.R.Kedar, Advocate for applicants Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th March 2010 PER COURT: 1. This is an application by which the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.218/2009 registered with Gondi {2} police station, Dist-Jalna for an offence punishable u/s 307, 504 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicants and learned APP. Perused the papers of investigation. Interim protection is granted to the applicants on 16.02.2010. 3. It appears that the said offence is registered on the complaint of one Kailas Tayade. The applicants are father and son and complainant is nephew of applicant No.1. The said complaint is lodged in respect of an incident which has occurred in the field at about 4.30 p.m. on 22.12.2009. It is alleged that there is dispute in respect of the said field between the father of the complainant and the applicants. It further appears that an offence is registered on 24.12.2009 by the present applicants in respect of the said incident. The applicants have alleged that they have sustained grievous injuries and were required to be admitted in the hospital and after their discharge they have filed the complaint against the present complainant, his father, mother and sister for an offence punishable u/s 307, 324 r/w 34 of the Indian Penal Code. Perusal of the papers of investigation indicates that the present complainant was admitted in Kamalnayan Bajaj Hospital, at Aurangabad where he has narrated that he had sustained the injuries due to assault by some unknown persons. Accordingly, MLC was recorded and referred to Osmanpura police station, Aurangabad. It appears from the injury certificate issued to {3} present complainant that there are no injuries on his vital part which may warrant offence punishable u/s 307 of the Indian Penal Code. It appears that in respect of the said incident complaint is registered on 27.12.2009 by the present applicants. From the papers it is clear that the present complainant was admitted in the hospital at that time he has not disclosed the names of the present applicants. Secondly, the injuries found on the person of the complainant would not attract offence punishable u/s 307 of the IPC and thirdly, the present complaint is lodged after the applicants have lodged the complaint against the present complainant and his family members. This prima facie indicates that the present compliant is filed to give counter blast to the complaint filed by the applicants. In the premise, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code to enlarge the applicants on anticipatory bail. In the result, the application is allowed. The interim protection granted on 16.02.2010 is hereby confirmed and to remain in force till filing of the charge sheet. The applicants to attend the concerned police station, if required on written requisition by the IO concerned. [A.V.POTDAR, J.] drp/A10/criapln513-10