Cri.Appln.No.3498/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3498 OF 2011 1. Shahul s/o Jaiprakash Shembale 2. Munna @ Pravin s/o Shashikant Naik 3. Pramilabai d/o Moshe Naik All R/o Old Silingpur, Taluka Taloda, District Nandurbar ..Applicants Versus - The State of Maharashtra ..Respondent Mr R.S.Shinde, Advocate holding for Mr A.G.Magare, Advocate for applicants Mr G.R.Ingole, A.P.P. for respondent-State CORAM : SHRIHARI P. DAVARE, J. DATE : 8th September 2011 PER COURT 1. Perused the investigation papers which were made available for perusal purpose and heard respective learned Counsel for the parties finally. 2. After hearing for some time, Mr R.S.Shinde, learned Counsel for the applicants, on instructions seeks leave to withdraw the present application to the extent of applicant No.1 Shahul s/o Jaiprakash Shembale. In view of the said submission, leave granted. Application is dismissed as withdrawn in respect of applicant No.1 herein, finally. Cri.Appln.No.3498/2011 2 3. As regards applicant Nos.2 Munna @ Pravin and applicant No.3 Pramilabai, their names have been reflected in the complaint dated 3.7.2011 filed by the complainant Ankit Naik that they were present on the spot of the occurrence of the incident. However, no specific role has been attributed to applicant Nos.2 and 3 in the occurrence of the incident and the contents of first information report is silent in that respect. Moreover, it is submitted that there is no recovery/discovery at their instance. Besides, the applicant Nos.2 and 3 being in custody from 11.7.2011, there is no propriety in keeping them in custody further more. By considering the allegations made against them and their minimal role in the occurrence of instance, such as only presence on the spot of incident and not beyond that, the present application deserves to be allowed in respect of the applicant Nos.2 and 3. 4. In the result, present application is allowed partly to the extent of applicant No.2 Munna @ Pravin s/o Shashikant Naik and applicant No.3 Pramilabai d/o Moshe Naik and it is directed that the said applicant Nos.2 and 3 be released on bail in connection with C.R.No.49/2011 registered at Taloda Police Station, on furnishing P.R. bond in the sum of Rs. 15,000/- each and one surety in the like amount by each of them, on the following conditions : Cri.Appln.No.3498/2011 3 (i) The applicant Nos.2 and 3 shall give their attendance before the concerned Investigator as and when required till filing of the charge-sheet and shall co-operate in the investigation; (ii) The applicant Nos.2 and 3 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. (iii) The applicant Nos.2 and 3 shall not enter into the village namely old Silingpur, Taluka Taloda, District Nandurbar till filing of the charge- sheet and they shall furnish their addresses to the Investigator forthwith. The application in respect of applicant No.1 Shahul s/o Jaiprakash Shembale stands dismissed as withdrawn, as afore stated. Present application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) (vvr/3498.11criappln)