1 Cri.Appln.Nos.1144/2011 & 1145/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1144/2011 ( Jaisingh Chatursingh Girase and Anr. Vs. The State of Maharashtra ) with CRIMINAL APPLICATION NO.1145/2011 (Bhausaheb Chatursingh Girase and Ors. Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. AB Girase, Adv. for Applicants; Mr. NB Patil, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 8 th April, 2011. ... 1) Heard finally. 2) In both the Criminal Applications in crime No.6/2011 registered at Shindkheda police station, the respective accused/applicants seek discretion in terms of section 438 Cr.P.C. 3) With the assistance of learned APP and Mr.Girase, perusal of the report submitted by the Investigating agency to the public prosecutor at Dhule, in Criminal Application No.36/2011, illustrate that it was the complainant Devakabai, who herself – has set the hut on fire. Few of the witnesses have indeed endorsed to these affairs. There was a long-drawn clash between the complainant and the accused/applicants. No medical certificate to primarily establish that there was assault to the complainant by an axe as the injury referred to her is a cut-incise wound and contusion. 4) In these aspects of the matter, even if the provisions of Section 3(1)(x) and 3(2)(iv) of SC and ST Prevention of Atrocities Act are applied, however, no overt act from the accused/applicants to call infraction of above referred provisions. They did not abuse or deal with the complainant based on her caste. Hence, 2 Cri.Appln.Nos.1144/2011 & 1145/2011 order. 5) The accused/applicants, each one of them be released in Crime No.6/2011 registered at Shindkheda police station, on their furnishing PR bond and a surety in the sum of Rs.10,000/- (Rupees ten thousand) each. 6) The accused/applicants shall attend the Investigator on every Sunday between 3.00 to 6.00 p.m. till filing of charge sheet or till 31st July, 2011. 7) The applicants/accused shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected; 8) The applicants/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9) Criminal Applications are disposed of as above. (K.U.CHANDIWAL) JUDGE bdv/