( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4497 OF 2010 Dada @ Pravin Bhalchandra Wani and another APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Mr. P.S. Paranjape, advocate for the applicants. Mr. D.V. Tele, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 16th November, 2010] PER COURT : 1. By this application, the applicants are seeking anticipatory bail under section 438 of the Criminal Procedure Code. 2. The applicants apprehend their arrest in connection with crime No. 266/2010, registered at Shirpur Police Station for offences punishable under section 395, 341, 141, 143, 148, 149, 325, 324, 323, 504 and 506 as well as under provisions of S.C. and S.T. (Prevention of Atrocities) Act. ( 2 ) 3. The applicants are real brothers interse. It is alleged that on 6th September, 2010, informant Devanand Ahire alongwith Kishor Gindodiya were proceeding from Dhule towards Indore by Mumbai-Agra Highway road. At abut 3.30 p.m., their car vehicle was intercepted at a place between Sangvi-Hadakhed villages. There were 8/10 persons alongwith the present applicants and one Rajput, who were standing on the road. There were two (2) vehicles which were parked in the front of the car vehicle in which the informant - Devanand Ahire and Kishor Gindodiya were travelling. It is alleged that the applicants assaulted the informant - Devanand Ahire and Kishor Gindodiya by means of sticks. The applicants told them as to why they had arranged for seizure of the contraband liquor/alcoholic preparation owned by them. They also insulted the informant on basis of his caste. The informant belongs to Scheduled Caste and is said to have been insulted by saying that the Mahars have become arrogant. The applicants also referred to the informant as `Dhedge' and threatened them at point of a revolver. 4. The learned advocate for the applicants would submit that the FIR lodged by informant Devanand Ahire is outcome of the counter-blast to the report lodged by Vinod Sukdeo Gore. ( 3 ) He would submit that said Vinod had filed such FIR much prior in time and had alleged that informant Devanand Ahire as well as Kishor Gindodiya had committed offence of robbery at his hotel. In that report, there were also allegations against them of committing the offences punishable under the penal provisions of S.C. and S.T. (Prevention of Atrocities) Act. The learned advocate would submit that in the counter- complaint case, anticipatory bail was granted to said Kishor Gindodiya and Dayanand Ahire without assigning good reasons. He would submit that informant Devanand Ahire and said Kishor Gindodiya attempted to extract easy money from the applicants and have filed a false report. He, therefore, seeks protection under section 438 of the Criminal Procedure Code. 5. It is true that there is a counter complaint lodged by Vinod Gore. However, only because there is some counter complaint filed by said Vinod Gore, it cannot be said that the FIR lodged by Devanand Ahire is concocted or false. At the stage of considering the anticipatory bail application, the evidence cannot be scrutinized in detail and unless there is a strong reason to infer that the applicants are not involved in the crime, such extraordinary relief cannot be granted. It is well settled that exercise of powers under section 438 of the ( 4 ) Criminal Procedure Code is circumscribed by certain limitations and the same has to be invoked only in extraordinary circumstances when there is reason to believe that the applicants are likely to be arrested without there being any foundation whatsoever. 6. So far as the present case is concerned, the recitals of the FIR purports to show that the informant Devanand Ahire and Kishor Gindodiya were assaulted by the applicants by means of sticks. The FIR itself shows that both of them got rescued themselves and went to Lifeline Hospital at Dhule where they were medically treated. The medico-legal certificates issued by the concerned Hospital corroborated the fact that both of them were injured. They gave history of assault to the concerned Medical Practitioner in the same evening at about 8.50 p.m. Needless to say, there is prima facie evidence to infer that informant Devanand Ahire and Kishor Gindodiya were assaulted in the relevant noon. At this juncture, therefore, the prosecution case cannot be thrown overboard only because there is a counter-complaint filed by Vinod Gore or only because there is improbability of the applicants gaining knowledge about the plan of informant Devanand Ahire and Kishor Gindodiya to proceed to Indore. In ( 5 ) this view of the matter, the application is dismissed. 7. The observations made in this order may not be considered while deciding any other matter, which will be decided on its own merits. 8. The interim protection granted to the applicants is, however, extended for further two (2) weeks as per request of the learned advocate for the applicants. [V.R. KINGAONKAR] JUDGE NPJ/criapln4497-10