{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3526 OF 2009 1. Laxman s/o Shivaji Shirsath, Age-39 years, Occ-Business R/o Chalisgaon, Dist-Jalgaon 2. Prashant s/o Ashok Thakre, Age-29 years, Occ-Business R/o Chinchkheda, Tq-Pachora Dist-Jalgaon 3. Rajendra s/o Himmat Patil Age-29 years, Occ-Business R/o Chinchkheda Tq-Pachora, Dist-Jalgaon APPLICANTS VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Jalgaon RESPONDENTS ....... Ms.Asha Gore h/f Mr.D.L.Agrawal, Advocate for petitioner Mr.N.B.Patil, APP for the respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 18th November 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.96/2009 registered with Pachora Police Station for an offence punishable u/s 341 and 427 r/w 34 of the Indian Penal {2} Code and u/s 3 of the Prevention of Damages to Public Property Act. 2. As notice of this application was served on the respondents, learned APP has made available the papers of investigation for my perusal. 3. Heard learned counsel for the applicant followed by the submissions of the learned APP. 4. Perusal of the investigation papers show that in the afternoon of 25th September 2009, around 14.45 hours, due to arrest of one Anna Jawale, who is political leader of Chhava group, some miscreants attacked ST buses and damaged the buses No. MH-20/D-2915 and MH-20/D-4447 with iron rods and stone pelting at Pachora. One Ramesh Rambhau Patil, driver of the bus lodged a compliant to that effect and on the basis of the said compliant an offence came to be registered at CR No.96/2009. The applicants are shown absconding during the investigation. One accused, who was arrested on the spot was produced before the JMFC, Pachora along with remand report. 5. Learned counsel for the applicant has urged that at the time of the alleged incident the applicants were at Chalisgaon as applicant No.1 had submitted his nomination papers for the election of assembly to the returning officer at Chalisgaon. Along with the application a certificate cum receipt issued by the returning officer is also produced. It shows that on 25.09.2009 applicant No.1 was present in the office of returning officer at around 1.30 p.m. The applicants No.2 {3} and 3 claim to be the supporters of applicant No.1 and that they were also present along with him in the office of returning officer at Chalisgaon at the relevant time. 6. During the course of submissions, it is tried to urge on behalf of the state that considering the distance between Chalisgaon and the place of incident, which is hardly 35 k.m. it is possible that the applicants might have reached at the spot within 2 hours where the mob had attacked the public property. However, the fact remains that the buses were damaged by a mob and in a mob names of the applicants were mentioned by the driver, who is not previously acquainted with the said persons and if it is so, then there is scope for doubt that the applicants might have been implicated due to political reasons. In the premise, case is made out to exercise discretion to enlarge the applicants on anticipatory bail. 7. In the result, the application is allowed. In the event of arrest of the applicants in connection with CR No.96/2009 registered with Pachora police station, they be released on bail on furnishing surety in the sum of Rs.10,000/- each and on executing PR bonds in the like amount. This protection is granted for four weeks. The applicants are directed to attend the Pachora police station as and when required by the investigation officer on requisition in writing. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3526-09