1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 267 OF 2011 Murlidhar Yadao Torle ..Vs.. The State of Maharashtra, through P.S.O. P.S. Sindewahi. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R.Deshpande, Adv. for the applicant. Mr. N.R. Rode, APP for the State. CORAM : M.N. GILANI J. DATE : 17.6.2 011 . Heard. This is an application for releasing the applicant on bail against whom offences punishable under section 307, 332, 435,427,336,341,353, 148 and 149 are registered at the police station Sindewahi under Crime No. 43/2010. The investigation has been completed. The case has been committed to the Court of Sessions. It is registered as Sessions Trial no.136 of 2011 and now pending before the Sessions Judge, Chandrapur. It is alleged that on 22nd September, 2010 there was gramsabha in village Ratnapur, tahsil Sindewahi, District Chandrapur. It was attended by about 250-300 villagers. Rumours were spread amongst the villagers who gathered for 2 attending Gramsabha that some persons practicing witchcraft have been brought. This resulted in mob becoming unruly and they attacked the police personnel and burnt police vehicle. The applicant moved the learned Adhoc Additional Sessions Judge, Chandrapur for his release on bail. The learned Additional Sessions Judge vide order dated 3.2.2011 released two co-accused on bail by rejecting bail application of the present applicant and two others. The learned Additional Sessions Judge in para 6 of his order observed that - “ On going through the report lodged by complainant which is a detailed report, it is revealed as per contents of report that accused Ustu Ichakape brought can of rockel from his house and he threw the rockel through window in the room of secretary and set it on fire by match stick saying burn them all. So he is the main accused. In doing this act it is not mentioned in the report that anybody helped him. However, on going through the report it is revealed that accused Sudhakar Govinda Naitam and Murlidhar Dorle were uttering and instigating the other persons saying “Salyanna Jalun Mara”. So in my humble opinion when other accused are already released on bail, accused Prabhakar Govinda Naitam who made application at Exh. 433 and 3 Prashant Tukaram Saosakade who made application at Exh. 429 are entitled for bail as the role played, if any, by them is not stated in the report. However, when specific allegations are made against accused Sudhakar Govinda Naitam, Ushtu Kawadu Ichakape and accused Murlidhar Yadav Dorle, in my humble opinion they are not entitled for bail looking to the serious allegations”. It is, therefore, obvious that the role attributed to the present applicant/accused is only that of verbal instigation. Considering the fact that the chargesheet has already been submitted and also the fact that applicant is in jail from 29.9.2010, this application is allowed. Applicant is directed to be released on his executing P.R. bond of Rs. 25,000/-and two sureties in the like amount to the satisfaction of the learned Additional Sessions Judge to whom trial is assigned. JUDGE Hirekhan.