1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.502 OF 2010 1. Janardan s/o Dhondiba Jilewar Age-42 years, Occ-Agril 2. Manohar s/o Dhondiba Jilewar Age-45 years, Occ-Agril 3. Devidas s/o Narsing Jilewar Age-40 years, Occ-Agril All R./o Andga, Tq-Loha, Dist-Nanded APPLICANTS VERSUS 1. The State of Maharashtra Through Superintendent of Police Latur 2. P.S.I. Police Station, Ahmedpur Dist-Latur RESPONDENTS ........ Mr. P.B.Patil, Advocate for applicants Mr. N.R.Shaikh, APP for respondents State. ........ [CORAM : A.V.POTDAR, J.] DATE : 18th February 2010 PER COURT : 1. This is an application by which the applicants have prayed to release them on anticipatory bail in the event of their arrest 2 in connection with CR No.215/2009 registered with Ahmedpur police station. 2. Heard learned counsel for the applicants and learned APP. Also perused the papers of investigation carried out till today. 3. It appears that the offence came to be registered on the basis of complaint lodged by one Uddhav in respect of an incident occurred in the night of 9th December 2009. It is alleged that the accused, named in the complaint, armed with deadly weapons, entered in the house premises of the complainant and assaulted his father. It also appears that names of the applicants are mentioned in the FIR, however during the investigation statement of the injured also came to be recorded, which discloses that out of the 3 applicants, only applicant No.1 has assaulted him with stick. The injured witness does not disclose names of other two applicants. So far as statements of other witnesses are concerned, they also attribute specific role to applicant No.1, however their statements are silent in respect of alleged role played by applicants No.2 and 3 or whether they were present at the spot or not. In the premise, case is made out to enlarge applicants No.2 and 3, however no case is made out to exercise discretion u/s 438 to release applicant No.1 on anticipatory bail. 4. In the result, the application is partly allowed. The application is rejected so far as it relates to applicant No.1 Janardan. 3 Application is allowed in respect of applicants No.2 and 3. In the event of arrest of applicants No.2 and 3 Manohar and Devidas in connection with CR No.215/2009 of Ahmedpur police station, they be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. It is, however made clear that the above observations are prima facie observations based on the record placed before this Court. (A.V.POTDAR, J.) drp/A10/criapln502-10