(1) Cri. Application No. 3801 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3801 of 2011 1. Somnath s/o. Baburao Batule, Age : 35 years, Occupation : Agriculture, R/o. Bharajwadi, Taluka : Pathardi, District : Ahmednagar. 2. Pappu @ Amol s/o. Shriram Aghav, Age : 19 years, Occupation : Agriculture, R/o. Taradgavhan, Taluka : Shrirur, District : Beed. .. Applicants. versus 1. The State of Maharashtra. 2. Superintendent of Police, Ahmednagar, District : Ahmednagar. .. Respondents. ....................... Smt. S.S. Jadhav, Advocate, for the applicants. Mr. B.V. Wagh, Additional Public Prosecutor, for respondent nos.1 and 2. (2) Cri. Application No. 3801 of 2011 ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 4TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by applicant nos.1 and 2, seeking anticipatory bail apprehending their arrest in connection with Crime No. 190/2011, registered at Police Station, Pathardi (District : Ahmednagar), for the offences punishable under Sections 326, 324, 325, 323, 504, 506, read with Section 34 of Indian Penal Code. 3. At the outset, interim anticipatory bail was granted to the applicants by order dated 6th September 2011 which is effective till today. 4. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Babu (3) Cri. Application No. 3801 of 2011 s/o. Madhav Batule, on 10th May 2011, against the applicants and co-accused persons. However, on perusal of the contents of the said complaint, it appears that although names of applicant nos.1 and 2 have been reflected therein, allegations against them are that they gave abuses to the complainant, and the overt act attributed to them is to the extent that they assaulted the complainant by fist blows, and not beyond that, during occurrence of the incident. Moreover, injury certificate of the complainant, Babu s/o. Madhav Batule, discloses that he sustained injuries on left lumber and left shoulder. 5. Accordingly, considering the accusations made against the applicants, and nature and gravity thereof, and alleged role of the applicants during occurrence of the incident, it appears that there is no necessity of custodial interrogation of the applicants for further progress in the investigation, and therefore, interim anticipatory bail granted to them deserves to be made absolute, but on certain conditions. 6. In the result, present Criminal Application is allowed, and the interim anticipatory bail granted to applicant no.1, Somnath s/o. Baburao Batule, and applicant no.2, Pappu @ Amol s/o. Shriram Aghav, on 6th September 2011, stands confirmed, on the following conditions : (4) Cri. Application No. 3801 of 2011 (i) Applicant no.1 Somnath, and applicant no.2, Pappu @ Amol shall give attendance before the concerned investigator once in a week i.e. on every Monday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (ii) Applicant no.1 Somnath and applicant no.2 Pappu @ Amol shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. Present Criminal Application is disposed of finally. 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/3801ka