1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1270 OF 2010 Sahadev s/o Prabhu Harale ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Mrs. S.S. Jadhav, Advocate for the applicant Mr. P.P. More More, A.P.P. for respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 29h April, 2010 PER COURT: 1. Heard Mrs. S.S. Jadhav, learned counsel for the applicant as well as heard Mr. P.P. More, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant, seeking anticipatory bail, apprehending his arrest under C.R. No. 28/2010, registered at Osmanabad (Rural) Police Station, for the offences punishable under Sections 395, 452, 323, 504, 506, 509 of the Indian Penal Code. 2 3. It appears that, the offence has been registered on the complaint lodged by complainant namely Ramkrishna Manik Shinde on 3.3.2010, alleging that, at about 8.00 p.m. on the said date, the applicant herein namely Sahadev Prabhu Harale and other co-accused persons entered into his house and they were armed with weapons like sticks and stones and abused the complainant, and applicant Sahadev and the co-accused Jaydeo Prabhu Harale assaulted the complainant on stomach, back and chest by fist blows and leg kicks and when the complainant’s cousin brothers namely Anil, Achyut and Sunil intervened to release the complainant, they were also assaulted by the accused persons by fist blows and leg kicks. It is also alleged that, the applicant herein took away the amount of Rs.2500/- from the shirt pocket of the complainant and the co-accused Jaydeo snatched the locket weighing two tolas from the neck of Achyut Shinde and when they requested to return back the said cash amount and locket, the accused persons threatened the complainant and others that they would wipe off their entire house and gave leg kicks on the stomach of the complainant and also gave threats to the complainant and others of their lives and fled away through adjoining lane. 4. On perusal of investigation papers and after considering the rival submissions advanced by both the learned respective counsel for the parties, it is apparent that, the applicant herein has 3 made a representation to Dy.S.P. On 8.12.2009, in respect of harassment sustained by him at the hands of P.I. Katake, who allegedly is relative of one of the persons of rival group and the copy of the said representation is annexed at Exhibit C, as well as made another representation to Dy.S.P. On 24.2.2010, intending to proceed on hunger strike due to harassment by P.I. Katake. It is also canvassed that the present complaint has been lodged involving the applicant herein falsely since he being Advocate, and only educated person from the community, with a view to implicate him in the present case falsely, out of rivalry of two groups. 5. Besides that, the injury certificates of the injured persons disclose that, on examination of the said complaint, no injuries were seen and the injury certificate of Anil Shinde discloses that he sustained simple injury as well as injury certificate of Achyut Shinde discloses that he sustained simple injury, and the said injuries speak for themselves. 6. Moreover, the learned counsel Mrs. S.S. Jadhav for the applicant submitted that, the applicant has deposited the amount of Rs.2500/- with Osmanabad (Rural) Police Station and showed the receipt thereof. However, on perusal of the contents of the said receipt, it appears that, the investigating agency has accepted the amount of Rs.2500/- in pursuance of the directions given by this Court, However, on perusal of the present proceedings, it is seen 4 that, no such oral/ written directions were issued by this Court. On enquiry, it was revealed that, the learned A.P.P. Mr. K.S. Patil informed the concerned police station accordingly and, therefore, the said amount was accepted by the investigating agency. Be that as it may. It is made clear that this Court has neither issued any oral nor written directions to deposit and/or accept the said amount of Rs.2500/-. 7. Considering the facts and circumstances, and considering the material on record, it appears that, there is rivalry of two groups and the possibility of false implication of the applicant in the present case cannot be ruled out. Moreover, even considering the contents of the complaint, the allegations against the applicant are in respect of assault by leg kicks and fist blows and, therefore, nothing is to be recovered from him and hence, custodial interrogation of the applicant is not necessary. In the circumstances, present application deserves to be allowed, confirming the interim protection granted to the applicant. 8. In the result, present application is allowed and interim protection granted to the applicant by order dated 5.4.2010 stands confirmed and it is directed that, in the event of arrest of the applicant under C.R. No.28/2010, registered at Osmanabad (Rural) Police Station, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, 5 on the following conditions : (i) The applicant shall attend the concerned police station as and when required, on written intimation, till filing of charge sheet and shall cooperate in the investigation. (ii) The applicant shall not tamper with the evidence and/or give threats to the witnesses directly/ indirectly. 9. Needless to say that above anticipatory bail granted to the applicant is till filing of the charge sheet. It is further made clear that, the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri12702010