1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1455 OF 2010 (Madhukar Nilkanth Parvate and another .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Prakash Randive, Advocate for the applicants. Smt. A.R. Taiwade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 29TH SEPTEMBER, 2010. Heard. Learned Counsel for the applicants, on instructions, submits that he is not pressing the application in respect of applicant No.1 Madhukar Nilkanth Parvate and prays for withdrawal of the same. Hence, the same is disposed of as withdrawn. In respect of applicant No.2 – Dadaji Shravan Meshram, learned Counsel for the applicants submits that except the witnesses had raised objection in respect of construction of water tank in the village and certain villagers were having inimical terms with applicant No.2, there is no material available with the investigating agency to show the involvement of applicant No.2 in the crime in question. Learned Counsel for the applicants invited my attention to the order passed by this Court on 07.09.2010 in Criminal Application No. 1347 of 2010 which was moved by the other accused-Sudhakar. He further submits that the case of applicant No.2 is on better footing than the case of Sudhakar. He submits that applicant No.2 was a Sarpanch of the village and as there was a distribution of land which was opposed by some of the villagers, the dispute going on. Learned Counsel for the applicants further submits that except vague allegations in respect of the distribution of land and in respect of construction of water tank, no material is placed on record by the investigating agency. He further submits that applicant No.2 is ready to cooperate with the investigating agency and he will abide by the conditions that 2 may be imposed by this Court. I have perused the record. The statements of witnesses reveal that applicant No.2 is the Sarpanch of the village and there were complaints against applicant No.2 in discharge of his duty. There was also dispute in respect of some work construction of the water tank and distribution of land. In view of the material available on record, the application deserves to be allowed in respect of applicant No.2. In the result, the application is partly allowed. Applicant No.2 – Dadaji Shravan Meshram is ordered to be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant No.2 to cooperate with the investigating agency and attend the Police Station, Nagbhid on every 1st and 3rd Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant No.2 shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant No.2 to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant No.2 is moving out of the area of Police Station, Nagbhid, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.