FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

Office Notes,Office Memoranda of Coram,

appearances, Court's orders or directions &

Registrar's orders.

Court's or Judge's orders

CRIMINAL APPLICATION NO. 3549 OF 2011

RAMA KARBHARI GUND

VERSUS

THE STATE OF MAHARASHTRA AND ANR

...

Advocate for Applicant/s : Mr. Bhapkar S.L.

APP for Respondent(s): Mr. D.R.Korde for R-1 & 2

Mr. D.A.Naik advocate for complainant and

Assistant to A.P.P.

...

CORAM : SHRIHARI P. DAVARE, J.

Dated: August 30, 2011

...

1.

Perused investigation papers, which were made

available by the learned A.P.P. for the inspection purpose, as

well as heard learned respective counsel for the parties,

finally.

2.

This is an application preferred by the applicant,

seeking anticipatory bail, apprehending his arrest under

Crime No.I-208/2011, registered with Pathardi Police Station,

District Ahmednagar for the offences punishable under

sections 302, 323, 504, 506 r/w 34 of Indian Penal Code and

under section 3 (1) (10) 3 (2) (5) of Schedule Caste and

Schedule Tribe (Prevention of Atrocities) Act.

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

Office Notes,Office Memoranda of Coram,

appearances, Court's orders or directions &

Registrar's orders.

Court's or Judge's orders

3.

It appears that offence has been registered on the basis

of complaint lodged by complainant Shridhar Malmik Kale

on 28.5.2011 in respect of the occurrence of the incident at

about 14.30 hours on 27.5.2011. It is alleged that since the

victim Shrimant did not return back amount of Rs.500/-, Dada

Karbhari Gund, Laxman Karbhari Gund, Avinash Mahadu

Kute and Balya @ Viju Kute, assaulted him infront of shop of

country liquor and also humiliated the complainant's wife

Suman by abusing her on her caste. It is also alleged in the

First Information Report that aforesaid assailants assaulted

the victim Shrimant by leg kicks and fist blows, and, when he

was fallen by the said assault on the land, they assaulted on

his private part by leg kicks and fist blows, who succumbed

to the injury on the same day.

4.

However, contents of the First Information Report does

not disclose name of the applicant herein nor any specific role

has been attributed to him during the occurrence of the

incident. It is canvassed that name of the applicant has been

reflected in the supplementary statements of the witnesses

namely Shridhar Malmik Kale, Padma Kale, Suman Shridhar

Kale and Sonal, which were recorded on 3.6.2011. On

perusal of the said supplimentary statements of the said

witnesses, apparently it appears that said statements were

recorded after about one week from lodging the complaint

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

Office Notes,Office Memoranda of Coram,

appearances, Court's orders or directions &

Registrar's orders.

Court's or Judge's orders

and even assuming for the sake of assumptions that the name

of the applicant is reflected in the said supplimentary

statements, apparently no specific role has been attributed to

him, during the course of the incident, therein.

5.

Apart from that, it appears that the applicant had

preferred application for anticipatory bail, before learned

District Judge-3 and Additional Sessions Judge, Ahmednagar

and ad-interim relief was refused to him, by order dated

4.8.2011 and pertinently, said order does not reflect the said

supplimentary statements.

Had said supplimentary

statements, been put forth before the learned Sessions Judge,

there would have been some observations in that regard in the

order dated 4.8.2011, but the said order is silent in that respect

and therefore, question arises Whether said supplimentary

statements dated 3.6.2011 which are now