1 Criminal Application No.1070/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1070 OF 2011 Sudhir s/o Ramdas Yadav & ors. ... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri N.B. Suryawanshi, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 22nd March, 2011 PER COURT : 1. Heard. In Crime No.2/2011, registered at Karjat Police Station, for an offence under Sections 143, 147, 148, 149, 323, 326, 504, 506 of the Indian Penal Code, exercise of powers under Section 438 of the Criminal Procedure Code are sought. 2. Apparently, on election issue, there was clash between two groups, giving rise to distinct two F.I.Rs. involving members of rival group. The persons from rival group suffered injuries, admitted, and based on F.I.R. from the group of applicants, they were put in fetters, released subsequently. 2 Criminal Application No.1070/2011 3. Reading questioned F.I.R., I find specific role is attributed to applicant No.1 Sudhir Ramdas Yadav, to be armed with a rod, and assaulted at the back of the complainant. Though it is informed that others, Ramdas, Vithal, Balbhim and Ishwar were also members of the unlawful assembly, however, their role reflects to be minimal. For that purpose, custodial interrogation is not warranted. The accused/ applicants hail from the same village where the rival group resides. Considering specific accusations against accused/ applicant No.1 Sudhir Ramdas Yadav, application of accused/ applicant No.1 Sudhir Ramdas Yadav is rejected. 4. So far as accused/ applicant No.2 Ramdas Parvati Yadav, applicant No.3 Vithal Balbhim Kale, applicant No.4 Balbhim Lahanu Kale and applicant No.5 Ishwar Sambhaji Toradmal are concerned, in the event of their arrest, each one of them be released on furnishing P.R. bond and a surety in the sum of Rs.5000/- (Rupees five thousand) each. The accused/ applicant Nos.2 to 5 shall attend the investigator on every Sunday between 3.00 p.m. to 6.00 p.m. till 30th June 2011 or till filing charge sheet. The accused/ applicant Nos.2 to 5 shall desist from influencing directly or indirectly, witnesses by making any inducement, threat or promise. Application partly allowed. 3 Criminal Application No.1070/2011 5. So far as accused/ applicant No.1 Sudhir Ramdas Yadav is concerned, time to surrender extended till 24th March 2011. K.U. CHANDIWAL JUDGE fmp/cri1070.2011