1 ABA.194-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.194 OF 2011 1. Mr.Nilesh Sudam Bodke, & 2. Mr.Nitin Sudam Bodke. .. Applicants. Versus The State of Maharashtra .. Respondent. .... Mr.Vidhyadhar Koshe, Advocate a/w. Mr.Sachin Deokar, Advocate for the Applicants. Mr.Y.M. Nakhwa, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 25th MARCH, 2011. P. C. : 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by two applicants/orig.accused Nos.1 & 2, apprehending their arrest in C.R. No.11 of 2011 dated 19.1.2011 registered with Talegaon Dabhade police station, District – Pune. The offences alleged against the applicants are punishable under Sections 326, 323, 504, 506 read with Section 34 of Indian Penal Code. 2 ABA.194-11 2. Apart from the present applicants who are brothers, their mother was also made as an accused in the original complaint lodged by one Navnath Hiraman Bodake. Earlier, anticipatory bail application was preferred before the Additional Sessions Judge, Pune and said application so far as the present applicants, was rejected on 25.2.2011, however, application of the mother was granted. 3. During the arguments, it is revealed that admittedly there are cross-complaints lodged by rival parties. Complaint lodged by the present applicants with the same police station is C.R. No.10/2011 registered at 21.20 hours on the same night; whereas the complaint in which present applicants are accused and which is C.R. No.11/2011 was registered at 21.25 hours. In fact, both the complaints were lodged in a proximity of five minutes on the same night when the incident took place on the express highway near Talegaon Dabhade at about 2:15 pm or so. Said incident occurred on account of dispute as to which party – either present applicant No.1 or original complainant, were to get the work of towing one vehicle from that area upto Kurla, Mumbai. Apparently there was 3 ABA.194-11 some altercation and hot exchange of words on the spot when the vehicle was to be towed. Out of same incident, two rival complaints came to be filed, as mentioned above. 4. During the arguments, learned Advocate for the applicants draw attention of this Court towards the injuries received by the present applicants which are of rather serious nature and allegations against the original complainant and his other associates are that they assaulted the present applicants by means of iron rod and sickle on their heads. As against this, the injury certificates of brother of the complainant in C.R. No.11/2011 and uncle of said complainant are shown to the Court by learned APP from police investigation papers. These injuries are abrasions and CLW and do not seem to be of very serious nature. It is also brought to the notice of the Court that present applicants were hospitalized at Pawana Hospital, Somatane Phata, Taluka – Maval, District – Pune from 19.1.2011 till 26.1.2011 for the injuries and they were treated as indoor patients. 5. Considering the rival submissions and considering that there are rival complaints lodged against each others by the present 4 ABA.194-11 applicants and the complainant party, at this stage of the matter custodial interrogation of the present applicants is not necessary. However, certain directions can be given to the applicants to attend the concerned police station during the investigation. Hence, the order : :: O R D E R :: [i] Criminal Application No.194 of 2011 for anticipatory bail is allowed and accordingly disposed of. [ii] In the event of arrest of the Applicants – [1] Mr.Nilesh Sudam Bodke, & [2] Mr.Nitin Sudam Bodke in C.R. No.11 of 2011 registered with Talegaon Dabhade police station, District – Pune, they shall be released on bail on their executing P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) each, with one surety each in the like amount. [iii] In the event of arrest and availing the bail, as above, the Applicants shall attend the concerned Police Station on every Monday between 10:00 a.m. to 12:00 noon, till the investigation is over. (A. R. JOSHI, J.) PPD