(1) CRI.APP. 3814.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3814 OF 2010 1. Sopan S/o Lahanu Tarnge, Age : 30 years, Occu.: Agri., 2. Bhausaheb S/o Khandu Tarange, Age : 45 years, Occu.: Agri., 3. Popat S/o Mahadu Tarange, Age : 25 years, Occu.: Agri., 4. Dagdu S/o Khandu Tarange, Age : 35 years, Occu.: Agri., 5. Mahadu S/o Dhondiba Tarange, Age : 48 years, Occu.: Agri., 6. Rakhma Khandu Tarange, Age : 55 years, Occu.: Agri., All R/o Mandave Bk., Tq. Sangamner, Dist. Ahmednagar .. Applicants VERSUS 1. The State of Maharashtra, (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad) 2. The Deputy Superintendent of Police, Ahmednagar, Tq. and Dist. Ahmednagar .. Respondents WITH CRIMINAL APPLICATION NO. 3815 OF 2010 1. Savitra Barku Tarnge Age : 28 years, Occu.: Agri., 2. Vijay S/o Bhausaheb Tarnge Age : 22 years, Occu.: Agri., (2) CRI.APP. 3814.2010+1 3. Dagdu Mahadu Tarnge Age : 28 years, Occu.: Agri., 4. Dnyandeo Mahadu Tarange Age : 26 years, Occu.: Agri., 5. Shankar Rakhma Tarnge, Age : 30 years, Occu.: Agri., 6. Dhondibhau Vithal Tarnge, Age : 18 years, Occu.: Agri., 7. Kisan Lahanu Tarnge, Age : 32 years, Occu.: Agri., 8. Dinkar S/o Rakhma Tarnge, Age : 30 years, Occu.: Agri., 9. Paraji Barku Tarnge, Age : 25 years, Occu.: Agri., 10.Jijabapu Bhausaheb Tarnge Age : 26 years, Occu.: Agri., 11.Kamaji Gopala Tarnge, Age : 36 years, Occu.: Agri., 12.Lahanu Dhondiba Tarnge, Age : 75 years, Occu.: Agri., 13.Janabai Bhausaheb Tarnge, Age : 42 years, Occu.: Agri. All R/o Mandave Bk., Tq.Sangamner, Dist. Ahmednagar .. Applicants VERSUS 1. The State of Maharashtra, (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad) 2. The Deputy Superintendent of Police, Ahmednagar, Tq. and Dist. Ahmednagar .. Respondents (3) CRI.APP. 3814.2010+1 ... Mr. R.N. Dhorde, Advocate h/f. Mr. S.B. Jadhav, Advocate for the Applicants Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH SEPTEMBER, 2010 ORAL ORDER:- 1. These are Applications filed under section 438 of the Code of Criminal Procedure. 2. The learned Advocate for the applicants withdraw the Applications to the extent of applicants no.1 and 2 in Criminal Application no.3814 of 2010 and the applicants in Criminal Application no. 3815 of 2010 in entirety. He submits that Application no. 3814 of 2010 to the extent of applicants no. 3 to 6 i.e. Popat Tarange, Dagdu Tarange, Mahadu Tarange and Rakhma Tarange may be considered because they are not attributed any specific role by the informant in the context of the alleged incident. 3. The recitals of the FIR and the investigation papers prima facie indicates that the (4) CRI.APP. 3814.2010+1 applicants nos. 3 to 6, named above, are not attributed any particular role and their overt acts are not specified. It appears that there was a counter complaint filed by one of the applicant i.e. Kisan Lahanu Tarnge. It appears that there was either a free fight or sudden erruption of the incident of assault. 4. Considering these aspects, Criminal Application no. 3814 of 2010 is partly allowed to the extent of applicant nos.3 to 6 i.e. Popat Tarange, Dagadu Tarange, Mahadu Tarange and Rakhma Tarange and they are directed to be released on bail in the event of their arrest, on furnishing of bail bonds in sum of Rs.10,000/- (Rs. Ten Thousand) each before the Arresting Officer. The order of anticipatory bail will exist till filing of the charge-sheet. The Application in respect of other applicants are dismissed as withdrawn. Both Applications are disposed of accordingly. Sd/- [V.R. KINGAONKAR, J.] arp