1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No.2995 of 2009 Abdul and ors v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S.A. Mohta, Advocate for applicants Ms S. Wandile, APP for State Coram: A.P. Bhangale, J Dated : 7th August 2009 1. Heard learned counsel for the parties. Applicants are seeking bail in Crime No. 137/2009 registered with Police Station, Balapur under Sections 147, 148, 149, 353, 332, 333, 307, 294, 506, 336, 337 of the Indian Penal Code; Section 3 of the Public Property Damage Act and Section 135 of the Bombay Police Act. 2. Accusation, prima facie, indicates that a mob of 1500-1600 people had collected at Balapur and the members of unlawful assembly were demanding the police to release accused in the custody of special squad in connection with offences of gambling. The4 crowd had approached Balapur Police Station and was becoming uncontrolled. One Dr Yusuf Kadri was allegedly instigating the mob by his provocative speech. While he was doing so, other were cooperating, making allegations against police and instigating unlawful assembly that police shall be taught lesson. Police were trying to disperse unlawful assembly, but around 200 persons 2 including some 21 persons who were named specifically in the FIR had pushed police; attacked them and also caused damage to the shops in market and also pelted stones at police. Government vehicle was also damaged, causing loss of Rs. 4000/-. In view of this, lathi charge was required to be ordered to disperse unlawful and uncontrolled assembly. 3. With such accusations, applicants cannot be allowed to claim benefit of protection from arrest to stall the process of investigation as also identification of real culprits and custodial interrogation in such case may be essential to ensure that investigation shall be made against real culprits while innocent be spared. Considering the nature of accusation and seriousness thereof as also necessity of investigation to be completed in such cases without any hindrance, it will not be proper to grant anticipatory bail. Applicants to approach the remand court by formally surrendering themselves and apply on merit. With these observations application stands disposed of. Needless to state that if bail application is moved on merit, the concerned Court will not be influenced by the observations made hereinabove. Judge. hsj