Cri. Appln. No. 2941/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2941 OF 2011 1. Vishal s/o. Vijay Garje, 2. Chaitnya s/o. Sampat Garje, 3. Yogesh s/o. Sampat Garje, All R/o. Dhule-Chandgaon, Tq. Pathardi, Dist. Ahmednagar. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. V. S. Bedre, Advocate for applicants. Mr. S.G. Nandedkar, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 19th July, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 458/11 registered with Pathardi Police Station, District Ahmednagar, for offences under sections 326, 452, 149 etc. of IPC. The papers of investigation are made available. Both the sides are heard. 2. The advocate for the applicants showed the record of litigation Cri. Appln. No. 2941/11 2 like a copy of judgment in civil suit bearing R.C.S. No. 4/1996 filed before the Joint Civil Judge, Junior Division, Pathardi and copies of execution proceedings filed on the basis of decree obtained in the suit. Allegations are made by Ashok Gahininath Demale against the present applicants that due to dispute in respect of agricultural land, he was assaulted by present applicants and others on 17.12.2010 after 2 pm. He has made allegations that Harihar Garje used axe and blow was given on the head of Ankush Demale. Applicant Vishal gave blow of iron bar on the chest of complainant and the other applicants gave beating to the complainant with fist blows, kicks and stick. Injury certificate in respect of Ankush shows that he sustained only one injury over scalp. It was submitted that the accused Harihar Garje is granted anticipatory bail by the Sessions Court. No injury was found on the chest of Ankush. Doctor has not described the nature of injury and it is only mentioned that patient was referred to Civil Hospital for further treatment. The injury certificate in respect of Gahininath shows that he sustained one contusion and one abrasion. These injuries are also not described as to whether they are grievous or simple. But, he was not admitted in hospital. 3. The record produced by the advocate for the applicants shows that present applicants own the battle in the Civil Court decree for possession in respect of encroached portion is granted in favour of the applicants. The advocate for the applicants submitted that only to Cri. Appln. No. 2941/11 3 pressurize the applicants and to prevent them from executing the decree, they are falsely implicated. In view of aforesaid record and the nature of dispute, this Court holds that anticipatory bail needs to be granted to all the applicants. 4. So the ad-interim relief granted to the applicants is hereby confirmed and application is disposed of. [ T. V. NALAWADE, J.] ssc/criapln2941.11