1 CRI.APPLN.NO.257/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.257/2011 (Linga Gaud s/o Raja Gaud and Ors. Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.ST Salunke, Adv. for applicants; Mr.KM Suryawanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 31 st January, 2011. ... 1) Heard. 2) The learned APP is unable to point from the investigation papers any statement of the witnesses concerning the role of applicants/accused Nos. 3 Vinod s/o Shankar Serpalli; – applicant no. 4 Sayallu Anjayya Serpalli; applicant no. 5 – – Suresh Gaud s/o Ramesh Gaud; applicant no.6 Nimmanna – s/o Pochanna Chainpurkar; and applicant no. 7 Babu s/o – Piraji Karod, in manufacture, distillation or transportation of the brew distilled without any authority and under doubtful circumstances. Statement of accused no. 1- Linga Gaud by itself will not, at this stage, be sufficient to keep these applicants in further incarceration. 3) The accusations against the applicant/accused nos. 1 and 2, i.e. Linga Gaud and Shankar s/o Anjayaa Sherpalli, are of serious nature, having its long-drawn consequences on the people, particularly belonging to down-trodden community, who are taken to task for consumption of Tadi/toddy, which is apparently distilled by use of chemicals. Even if there is license in the name of M/s Kanak Durga Toddy Company, 2 CRI.APPLN.NO.257/2010 Nanded, however, that by itself would not permit to illegally carry such nefarious activities 4) In the result, bail to applicant nos. 1 and 2, referred above, is rejected as they were actually found at the den during the raid carried on 29.12.2010. Hence, order, - 5) Criminal Application of applicant nos. 1 Linga Gaud s/o Raja – Gaud and applicant no.2 Shankar s/o Anjayya Sherpalli is – rejected. 6) Criminal Application of applicants/accused Nos.3 Vinod s/o – Shankar Serpalli; applicant no. 4 Sayallu Anjayya Serpalli; – applicant no. 5 Suresh Gaud s/o Ramesh Gaud; applicant no. – 6 Nimmanna s/o Pochanna Chainpurkar; and applicant no. 7 – Babu s/o Piraji Karod, is allowed; each one of them be – released on their furnishing PR bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand); Each of the applicants, after release, shall attend the Investigator on every Thursday and Sunday between 3.00 to 8.00 p.m. till 31st August, 2011. The applicants/accused shall also attend the trial scrupulously; shall not indulge in any idential activities; shall give a bond to this effect to the Investigator; 7) The applicant nos. 1 and 2 are at liberty to move after filing of charge sheet. 8) The observations are prima facie in nature. 9) Criminal Application disposed of in aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/