IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.515 OF 2009 APPLICATION NO.515 OF 2009 APPLICATION NO.515 OF 2009 Shantaram Raghunath Patil & ors.. Applicants Vs. The State of Maharashtra ... Respondents Mr.A.P.Mundargi,Sr.Counsel i.b.Mr.S.D.Patil for for Applicants Mr.S.S.Pednekar A.P.P.for Respondents CORAM CORAM CORAM : V.M.KANADE, J : V.M.KANADE, J : V.M.KANADE, J DATED DATED DATED : 9th : 9th : 9th February, 2009 February, 2009 February, 2009 P.C. P.C. P.C. 1. Heard learned counsel appearing on behalf of the applicants and A.P.P. for the State. 2. On 18.3.2008 villagers of Raigaon village apprehended a person who was suspected to be a thief and all of them assaulted him with fist blows and kick blows. When the police arrived there, they did not permit the police to take away the said person to the hospital. However, with great difficulty the said person was admitted to a hospital where he succumbed to his injuries and died. In January, 2009 police arrested one person and in the remand application names of the present applicants were mentioned as persons who had also assaulted the said deceased. Mr.Mundargi learned Sr.counsel appearing on behalf of the applicants 2 submitted that the applicant nos.1 to 3 are working in Municipal Corporation and they were regularly attending the office. He submitted that even in the FIR which was lodged the police officers have stated that he had reached the place where the said person was assaulted only after the assault was over and deceased was lying on the ground in an injured condition. He submitted that however the police are now relying on the statements of three constables which were allegedly recorded on 12.4.2008, 13.4.2008 and 14.4.2008 who have identified the present applicants as the persons who had also assaulted the deceased. It is submitted that the said statement of these constables could have been recorded immediately on the date of the incident or on the next date and no explanation has been given as to why their statements were recorded after a lapse of almost one month from the date of the incident. It is further submitted that an attempt has made to falsely implicate the present applicants. 3. The A.P.P. was not in a position to explain as to why no action was taken by the police from April 2008 after the names of the present applicants were recorded. They names were 3 mentioned in the said statements of the police constables. No identification parade was held by the Investigating Officer. The admitted position is that a mob of 250 persons had gathered and assaulted one person who was believed to be a thief. This being the position and taking into consideration the unexplained delay on the part of the investigating officer in taking action against the present applicants, in my view this is a fit case for grant of anticipatory bail as prima facie in my view, the applicants appear to have been falsely implicated without any material being found against them. The statements of the three police constables also appear to have been recorded as an after thought. In any event custodial interrogation of the applicants is not necessary. 4. Under these peculiar facts and circumstances of the case, the applicants deserves to be granted anticipatory bail. The applicant nos. 1 to 3 are working in Mira Bhayandar Municipal Corporation. Other applicants are agriculturists and they have never come to the adverse notice of the police and own landed property and are carrying on lawful business. The applicants therefore, in the event of their arrest in connection with 4 C.R.No.I.44/2008 registered at Bhayandar police station for offences punishable under sections 302, 141, 143, 147,149 of IPC be released on bail on the sum of Rs.10,000/- each with one or two sureties in the like amount. They shall further report at Bhayandar police station for a period of 3 days from 16.2.2009 between 11 a.m. to 2 p.m and thereafter as and when called. { V.M.Kanade, J } V.M.Kanade, J } V.M.Kanade, J }