1appln-3041-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION No. 3041 of 2010 AMARNATH KALIPRASAD YADAV AND ONE ANR ..APPLICANTS. VS. THE STATE OF MAHARASHTRA ... RESPONDENT. Mr B.N.Rai and Ajay Rai, for the Applicants. Mr P. S. Hingorani, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 12TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application for anticipatory bail filed by the applicants apprehending their arrest in CR No. I-60/2010 registered with Wagle Estate Police Station, Thane in O.M.A.No. 330/2010 u/s 156 (3) of Cr.P.C. 2. It appears that in the present C.R. complainant Dinesh Ramchandra Tiwari, is brother of Prakash Ramchandra and Subhash Ramchandra Tiwari who are facing trial being CR No.I-199/2009 registered 2appln-3041-10 with same Wagle Estate Police Station, Thane for the offence punishable under Sections 465, 468, 471, 201 read with section 34 of IPC and certain other offences under the Arms Act. Admittedly, present applicant No.1 is a panch witness in the said matter and there are allegations against the present applicant No.1 that he in association with present Applicant No.2 is coercing the brothers of the complainant in the present CR No.60/2010 and demanding some money not to give proper evidence as a panch witness. Apparently, such allegations against the present applicant No.1 are for his demands, allegedly made during the period of 2.11.2009 till 7.11.2009. It is alleged that present applicant No.1 demanded the amount somewhere between Rs.82,000/- and odd and allegedly some jewellery items to give partisan evidence to support the brothers of the present complainant. Admittedly, on 12.11.2009 present applicant no.1 had preferred an application before the police alleging that he has been threatened of dire consequences, if he would not support the case of the accused persons in which he is acting as a panch. Said application was presented to the concerned Wagle Estate Police. Admittedly, on 4.1.2010 complaint was lodged to the same police station by the complainant in the present CR, alleging the demand by the present applicants of huge amount in order to give evidence supporting his brothers. However, police did not find anything material for taking or initiating action against the applicants. Subsequently, and prima facie belatedly, on 17.3.2010 a private complaint was filed by the complainant in the present CR with the Court and directions were given to the same 3appln-3041-10 Wagle Estate Police Station under the provisions of Section 156 (3) of Cr.P.C. Thereafter, present CR No.I-60/2010 was registered against the present applicants. 3. Admittedly, on the application for anticipatory bail, earlier filed before the concerned Additional Sessions Judge, interim protection was granted, however, it was subseqeuntly withdrawn on the ground that custodial interrogation of the present applicants is needed. 4. On ascertaining the factual position and even the conduct of the present applicant No.1 by preferring application to the concerned police for taking appropriate action against the accused persons in which he has to give evidence as a panch and considering the delay caused by the present complainant, infact who is brother of the original accused persons in the matter in which present applicant No.1 is a panch, there is no necessity that the present applicants should be interrogated by putting them in police custody. In the result, present application is allowed with the following order on certain conditions. ORDER. (a) Criminal Application No.3041/2010 is allowed. (b) In the event of arrest of both the applicants in the matter of CR No.I-60/2010 of Wagle Estate Police Station, they shall be released on bail on their executing PR bond in the sum of Rs.15,000/- each with one surety for the like amount each. 4appln-3041-10 (c) In the event of arrest and on availing bail as above the applicants shall attend concerned police station on every alternate Sunday between 10-00 to 12-00 noon till filing of the charge sheet. Application is disposed of. (A.R.JOSHI,J)