1 CR.APL NOS. 151/2011 WITH 154/2011 WITH 5396/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 902. APPLN/151/2011 [Criminal] (Kiran Gautam Hote and others vs. The State) WITH APPLN/154/2011 (Kiran Gautam Hore and others Vs. The State) WITH APPLN/5396/2010 (Gautam Raghunath Hore and others Vs. State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.J.Salunke, Adv., for the applicants. Mr. K.M.Suryawanshi, APP for State. Mr. A.A.Mukhedkar, Adv., for orig.complainant. ... CORAM: K.U.CHANDIWAL, J. DATE: 17-2-2011 1. Heard. On instructions learned Counsel withdraws the application to the extent of Dada Raghunath Hore and also Gautam Raghunath Hore. Permitted, disposed of. 2. The accused/applicants, allegedly, threatened son of the complainant over the transaction concerning purchase of motor cycle by the complainant purchased before 2 CR.APL NOS. 151/2011 WITH 154/2011 WITH 5396/2010 last 8/10 years. The son, allegedly, could not forebear torture exerted by the accused/applicants, demanding vehicle or Rs.40,000/- and, he allegedly, consumed poison. There is no dying declaration of the deceased implicating any of the accused/applicants. 3. Learned Counsel opposing the application informs that accused/applicants are politically influential persons. Earlier also there was such threat for which report was lodged to the Police and the applicants have made the life of complainant or his family miserable. 4. Since two cases are faced by Dada Raghunath Hore and Gautam Raghunath Hore, as stated above, learned Counsel representing them, has already withdrawn the application. 5. Reading the papers annexed and the Police papers, I find custodial interrogation of the rest of the 3 CR.APL NOS. 151/2011 WITH 154/2011 WITH 5396/2010 accused/applicants is not warranted. They are from the same village. Care can be taken to ensure safety of the complainant and his family. 6. In the event of arrest of the accused/applicants, except the two mentioned above, each one of them be released on furnishing P.R. bond and surety in the sum of Rs. 25,000/- ( Rs. Twenty five thousand) each, with one surety in the like amount. The accused/applicants shall attend the investigator on every Thursday and Sunday between 3 p.m. to 8 p.m. till 30th June, 2011. The accused/applicants shall not exert any influence and cause threats to the complainant and his family members. Any overt act on the part of the accused/applicants shall result in cancellation of the discretion in terms of Section 438 Cr.P.C. Application (Nos.151/2011 and 5396/2010) allowed in above terms. 7. Heard. On instructions, 4 CR.APL NOS. 151/2011 WITH 154/2011 WITH 5396/2010 learned Counsel withdraws the application (No.154/2011) for quashment. Permitted, disposed of. Liberty for other remedies provided under the law. (K.U.CHANDIWAL) JUDGE ... AGP/151-11crapl