­ 1 ­ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 5366 OF 2009 Laxman Baliram Halnor & Ors. ... Applicants Vs. The State of Maharashtra ... Respondent Mr. Jaydeep Mane, for the applicants. Ms. M. R. Tidke, APP for the respondent. CORAM: V.M. KANADE, J. DATE : 16th DECEMBER, 2009 P.C.: . Heard the learned counsel for the applicant and the learned APP for the State. The applicants apprehend arrest in connection with the offence punishable under section 395, 147, 148, 149, 323, 504, 506 of I.P. Code under S. 3(1)(10), 6 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, and Sec. 7(1)((D) of the Protection of Civil Rights Act, registered vide C. R. No. 292 of 2009 with Mohol Police Station. 2. The learned counsel for the applicants submits that the applicants are seeking protection on the ground of parity. He invited my attention to the order of this Court in Criminal Application No. 4393 of 2009 passed on 5th November 2009. It appears that the applicants’ group lodged a counter-complaint. In the present case it is alleged by the complainant that the applicants and others assaulted him with swords, cycle chain, stick and also fist blows. Perusal of the medical certificate issued by the Rural Hospital Mohol however, indicates that there were no external injuries on the person of the complainant. Said injury certificate therefore, clearly demonstrates ­ 2 ­ that the allegations made in the complaint are patently false. This being the position, the applicants are entitled to get protection under section 438 Cr.P.C. Therefore, for the reasons stated in the order dated 5th November 2009 passed in Criminal Application No. 4393 of 209 wherein other accused were granted protection under Section 438 Cr.P.C., the present applicants also in my view, are entitled to get the same protection. The application therefore, is allowed. 3. In the event of the applicants’ arrest in connection with C. R. No. 292 of 2009 registered with the Mohol Police Station, the applicants be released on furnishing P.R. Bond of Rs.5,000/- each with one or two sureties in the like amount. 4. The applicants shall report to the concerned police station as and when called by the police. Sd/- [V.M. KANADE, J ]