1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4396 OF 2010 Popat Raosaheb Khatal APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.4397 OF 2010 Ashok Bhausaheb Kulal APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.S.S.Deshmukh, learned counsel for the applicants in both applications. Mr.B.V.Wagh, learned A.P.P. for respondent State in both applications. (CORAM : A.V.POTDAR, J.) DATE : 25/10/2010 PER COURT : 1. Applicants in both these applications have approached this Court for their release on pre-arrest bail in connection with CR No. 120/2010, registered in Shevgaon Police Station, of Dist. 2 Ahmednagar. As both these applications arise out of the same CR, both applications to be disposed of by way of one order. 2. Heard respective counsels for the parties. Perused the papers of investigation till carried out. 3. It appears that on 13/09/2010, at around 8.00 to 8.30 a.m., when the complainant Tulshiram was proceeding in front of the Hanuman Temple, one Pinu alias Suresh Bharat came in front of him, and then abused and assaulted him with the help of gupti in his hand. At that time, about 18 to 20 persons were accompanied with him. At that time, the supporters of complainant Tulshiram tried to intervene. During that time, there was free fight between both the groups. About the same incident, an offence came to be registered in Shevgaon Police Station vide CR No.119/2010 at 12.30 noon against 20 persons. 4. It appears that about the same incident, one Ankush Ramchandra Kapse has also lodged the complaint against Tulshiram and others vide CR No.120/2010, in which the applicants were arrayed as an accused, and have approached this Court for their pre- arrest bail. There are allegations that because of the quarrel which was took place on the earlier day, on 13/09/2010, at about 8.30 a.m., while the complainant was proceeding in front of Hanuman Temple, one Aabasaheb came there alongwith sword and assaulted Ankush Kapse. At that time, 10 other persons also came there 3 including these two applicants. During the said fight, Ankush and 5-6 other persons sustained injuries. Since then, during the investigation carried out, statement of some of the witnesses as well as the injured witnesses were recorded which shows that at the time of alleged incident, these applicants were armed with sticks. No doubt, only Ankush has sustained serious injuries 6 in number while 5-6 other persons have received simple injuries. 5. Considering the papers of investigation and considering that there is free fight between the two groups, it can not be said that there is false implication of the applicants. No doubt, the role played by these applicants is not of serious nature, but prima facie, it reveals that there is involvement of these applicants in commission of the offence. Hence, no case is made out to grant the relief of pre- arrest bail. Application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.4396-10