cra3080.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3080 OF 2011 1) Macchindra s/o Asaram Darade, Age-42 years, Occu:Agril., 2) Dinkar s/o Gorashanath Darade, Age-44 years, Occu:Agril., 3) Adinath Dinkar Darade, Age-27 years, Occu:Agril., 4) Sambhu s/o Dinkar Darade, Age-24 years, Occu:Agril., All R/o- Vanjarwadi, Tq-Newasa, Dist-Ahmednagar. ...APPLICANTS. VERSUS The State of Maharashtra, Through Police Officer, Police Station, Sonai, Tq-Newasa, Dist-Ahmednagar. ...RESPONDENT. ... Shri.P.P. Khandagale Patil Advocate for Applicants. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... cra3080.11 2 CORAM: T.V. NALAWADE, J. DATE : 28TH JULY, 2011 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No.I-40 of 2011 registered at Sonai Police Station, Dist- Ahmednagar for the offences punishable under Sections 326, 143, 147, 148, 149 of the Indian Penal Code and under Section 37(1)(3) read with Section 135 of Bombay Police Act. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Dasharath Sangale. Police papers show that there is some dispute between two families over common bandh situated between the lands of the families. It is the case of the complainant that damage was caused to the common bandh and a sandal wood tree belonging to them cra3080.11 3 was cut by the Applicants and their family members. The incident took place on 26th April, 2011. The allegations are made that the Applicants and other members of the family of the Applicants, assaulted the complainant and his family members by using weapons like sticks. It was submitted for the Applicants that counter case is filed on the basis of the report given by the Applicants at C.R. No.41 of 2011, for similar offences. 3. The police papers show that Asaram sustained grievous injury. Allegations are made against Dinkar Darade by both, the complainant and Asaram, that he caused injuries. The Advocate for the Applicants submitted that he is not pressing Application in respect of Dinkar Darade. So, the Application in respect of Dinkar Darade, Applicant No.2, stands disposed of as not pressed. 4. There are allegations against the remaining Applicants that they also used sticks, cra3080.11 4 but injured sustained simple injuries. The report was given on the next date of incident and there is dispute about common bandh, the landed property. So, this Court holds that relief can be granted to the Applicant No.1, Applicant No.3 and Applicant No.4. 5. The Criminal Application in respect of Applicant No.1, Applicant No.3 and Applicant No.4 is allowed. Interim relief granted by this Court to the Applicant No.1 - Machhindra s/o Asaram Darade, Applicant No.3- Adinath s/o Dinkar Darade and Applicant No.4 - Sambhu s/o Dinkar Darade, by order dated 20th July, 2011 is confirmed, subject to condition that they should appear before the concerned Investigating Officer on every Sunday between 9.00 a.m. and 12.00 noon, for the period of one month from today and they are to cooperate with the investigating agency. They are not to tamper with the prosecution witnesses and they are not to commit similar offence. If similar offence cra3080.11 5 is committed, the relief is liable to be cancelled. . Authenticated copy of this order be supplied to the Advocate of the Applicants. [T.V. NALAWADE, J.] asb/JULY11