1 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 Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3519 OF 2009 Padmakar S/o Nagorao Nalgire and others Versus The State of Maharashtra. *** Mr. Sanjay Mundhe, Advocate for the Applicant. Mr. V. D. Godbharle, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 12th OCTOBER, 2009. 1. Heard counsel extensively. In Crime No.73 of 2009 registered with Deoni Police Station, District Latur, for an offence under section 341, 436, 354, 506, 323, 337, 143, 147, 148, 149 of IPC and 3 (1) (x) (ii), 3 (i) (v), 3 (2) (iv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and section 7 (1) (2) of Protection of Civil Rights Act. the accused/ applicants, 22 in number, are seeking bail. They are in custody from 12th September, 2009, from the date of incident. 2. Udhav Gorakh Suryawanshi of Neknal, Taluka Deoni, district Latur reported to the police that owing 2 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 Court’s or Judge’s orders. and Registrar’s orders. to cultivation of government land by the people belonging to backward class and adjoining to it there being crematory of Dhangar community, there were certain controversies, the matter was indeed resolved by the revenue authorities. Around 60 persons from the same village, belonging to particular community barged on the person of the complainant and his community. They obstructed, restrained agricultural activities by the complainant, abused them in the name of their caste and then gathered/ moved towards locality of the persons belonging to backward class, and in the melee house of one Shivaji Randiwe was set on fire by few of the persons from the unlawful assembly, two of the persons also indulged in criminal force in outraging the modesty of woman. 3. After meticulously arguing the matter by the counsel and strenuously opposing the same by the learned A.P.P., I find that the gravity of the matter 3 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 Court’s or Judge’s orders. and Registrar’s orders. does not warrant for blanket bail to all the applicants. The individual role will have to be segregated, though in the F.I.R. names of 60 persons, at three different stages are recorded. It is seen that names of Applicant No.8 Balvir, Applicant No.9 Sunil, Applicant No.12 Santosh, Applicant No.16 Shivkumar, Applicant NO.19 Mahadeo, Applicant No.20 Balwant Patil are not mentioned. Though there is no name of Applicant No.3 Venkat, however, witnesses have implicated him. It is pertinent to note that even the witnesses have not specifically pointed any role to Applicant Nos. 8, 9, 12, 16, 19 and 20. Apart from that, Applicant Nos.8 and 9 are college going students, aged 21 and 22 years respectively. Though the nature of accusations projects a situation of hatred created by a group, creating atmosphere of terrorism in the locality making it difficult for the persons belonging to other community to stay or to cultivate their respective lands. 4 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 Court’s or Judge’s orders. and Registrar’s orders. 4. The offence under section 436 of IPC contemplate mischief by fire or explosive substance with intent to destroy house, and the punishment provided is imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. That apart, the provisions of section 3 (1) (v) and 3 (2) (iv) of SC & ST (Prevention of Atrocities) Act could not have been obliterated at any level. However, considering the role attributed to above referred applicants, they being not so figured in the affairs of dealing with other side group, the influence of the entire group will not be bringing these applicant Nos.8, 9, 12, 16, 19 and 20 to be party of such group. Hence, order. 5. The accused/ applicant Nos. 8, 9, 12, 16, 19 and 20 be released on their furnishing P.R.Bond and surety in the sum of Rs.10,000/- each [Rupees ten thousand each]. 5 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 Court’s or Judge’s orders. and Registrar’s orders. 6. The accused/ applicant shall, after their release, attend the investigator on every Sunday between 05.00 to 10.00 p.m. till charge sheet. 7. The Applicant Nos. 8, 9, 12, 16, 19 and 20 shall not directly or indirectly make any inducement or threat to any of the person from other group and create an atmosphere of terrorising the witnesses associated with the case. 8. The application to the extent of other applicant Nos. 1 to 7, 10, 11, 13 to 15, 17 to 19, 21, 22 is allowed to be withdrawn and disposed of. [K. U. CHANDIWAL, J.] Dated:12/10/2009. ans/3519