2408aba289.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 289 OF 2011 (Prabhuji Zangoji Ingle & 4 others Vs. State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .......................................................................................................................................................................................... Shri M. N. Upadhyay, Advocate for applicants. Shri P. D. Kothari, A.P.P. for the State. CORAM : U. V. BAKRE, J. DATED : 24TH AUGUST, 2011 1. Learned A.P.P. Mr. Kothari waives service. 2. Heard. 3. It is seen that there are two F.I.Rs. lodged, one is in Crime No. 86/2011 which has been registered for offence under Sections 147, 148, 149, 323, 427 and 452 of the Indian Penal Code upon the complaint of the present applicants. The other F.I.R. is in Crime No. 87/2011 for offence under Section 147, 148, 149, 324, 323, 448 and 452 I.P.C. which has been registered upon the complaint of Vishwajeet Khandare, who is from the rival party. It appears that both the parties are close associates and there was tussle between them with regard to the control of the society, namely; “Siddharth Shikshan Sanstha, Astul”. Both the groups claim that their members 2408aba289.11.odt 2/3 are President and Secretary. In an attempt to get power over each other, the incident ensued, which gave rise to the said two crimes. 4. Both the parties had approached the learned Additional Sessions Judge, Akola for anticipatory bail and the said applications were rejected. Thereafter, members of the rival party surrendered before the learned Judicial Magistrate, First Class, Patur along with bail application and the said eleven members of the rival group have been released on bail within half an hour of filing of the application. 5. No purpose will be served if the present applicants are detained in custody in the event of their arrest looking to the facts and circumstances of the case. 6. In the result, the application is allowed. 7. In the event of arrest of the applicants in Crime No. 87/2011 of Police Station, Patur registered for offence under Sections 147, 148, 149, 324, 323, 448 and 452 I.P.C., the applicants shall be released on bail upon execution of personal recognition bond in the sum of Rs. 15,000/- (rupees fifteen thousand only) each with one solvent surety in the like amount under the following conditions :- (a) The applicant shall attend Patur police station on 26/8/2011 between 10.00 a.m. to 2408aba289.11.odt 3/3 12.00 noon and thereafter as and when called upon by the Investigating Officer, to do so and shall co-operate with the investigation; (b) The applicants 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; (c) The applicants shall not leave India without prior permission of the Court. (d) This order shall remain in force till the trial is over in view of the judgment of the Hon’ble Supreme Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others - 2011 (1) Bom. C. R. (Cri.) 293. 8. Hamdast granted. JUDGE wwl