1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2199 OF 2009 Shivshankar Bhavanrao Patil and another Versus The State of Maharashtra and another. 1. Heard both the counsel extensively. 2. The complainant, while discharging his official functions, met with a ransacking incident at the hands of the accused/ applicant. In the melee the complainant though was attempting to reply about giving directions to the subordinate, the accused/ applicants were not happy, and consequently, they applied black substance to the complainant, which was stained liquid. Some photographs were snapped. This followed with a F.I.R. under section 353 and attracting provisions of section 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Additional Sessions Judge, in his order dated 25th June, 2009, has indicated, prima facie, the provisions under section 3 (1) (x) of the said Act may not be applicable. However, since the offence was under section 353 of Indian Penal Code, and its nature of being non-bailable, the role of the applicant/ accused being displayed, rejected the application. 3. From the record, it appears the accused was espousing cause of public at large and in the situation there is some overt act on his part. Nothing is to be recovered from the applicant. 4. In the circumstance, considering the status of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the accused/ applicant, custodial interrogation is not warranted. Hence, order: 5. In the event of arrest of accused/ applicants [Shivshankar Bhavanrao Patil and Sudhir S/o Babarao Khanapurkar], they be released on bail on their furnishing P.R. bond in the sum of Rs.10,000/- and surety in the like amount each. 6. The accused/ applicants to attend the concerned police station on every Tuesday between 10.00 a.m. to 05.00 p.m. for two months. 7. The accused/ applicants shall not influence the complainant or the other eye witnesses. The Applicants/ accused shall cooperate the investigator. 8. Application allowed in above terms. [K. U. CHANDIWAL, J.] Dated:20/07/2009. ans/2199