1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2483/2010 (Kashinath Vs. State) WITH CRIMINAL APPLICATION NO.2484/2010 (Saheb Lohaji Parve and another vs. State) with CRIMINAL APPLICATION NO.2504/2010 (Baban @ Tukaram s/o Sakharam Sawandkar) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.V.D.Salunke and Mr. S.S.Chapalgaonkar, Advocates for respective applicants. Mr.P.P.More, APP for the respondent. ... CORAM: A.V.POTDAR, J. DATE:21-7-2010 P.C.:- 1. The applicants in these three applications are before this Court to enlarge them on bail in Crime No.76/2010, registered in Basmath Police Station of dist.Hingoli, for the alleged offense under Sections 147 to 149, 307, 353, 332, 336, 325 and 427 of IPC. As all the three applications arise out of the same crime, all the three applications to be disposed 2 of by one common order. 2. Heard respective Counsel for the applicants in these three applications and also learned A.P.P. for the State. Perusal of the papers of investigation discloses that the said offence came to be registered on the complaint of Vikas Shankarrao Totawar, P.I. attached to Basmath Police Station wherein it is alleged that on 4th of June, 2010, when he was present in the Police Station on duty, he received telephonic message that a mob of agriculturists had gathered in front of one shop named Shriniwas Agro Agency, demanding to supply fertilizers and, on that count, commotion was in progress in front of the said fertilizer shop. There was also telephonic message that due to commotion of the mob of about 300 persons which was assembled infront of the shop, the situation is out of control and, to depute Police Staff to maintain law and order. It appeared, when the complainant and P.I. and 3 others reached at the spot, they noticed that the mob of agriculturists was shouting and demanding to provide fertilizers. On seeing the Police vehicles arrive at the spot, the situation became worst and the mob started stone pelting on the Police vehicles and other private vehicles which were at the spot. These applicants came to be arrested on the spot, along with others. 3. Considering the submissions made across the Bar, one fact which is required to be noticed is that those agriculturists, along with the applicants, on the spot were not assembled with common object to commit the offense but they are the agriculturists, demanding to provide fertilizers. The date is very material as the date is in the first week of June, when the agricultural operations are required to be commenced for which use of the fertilizer is a must. Bearing in mind this typical situation, it cannot be 4 said that assembly of the mob was with the common object to commit the offence, to destroy the private property and to commit the murder of either of the public officers or the private persons. Considering this overall effect of the allegations in the complaint as well as the statements of the witnesses recorded during investigation, as the applicants are already behind the bars for 40 days, this Court does not feel it proper that their further detention is required. In view of this, following order: ORDER (a) All the applications (Nos. 2483/2010, 2484/2010 and 2504/2010) are allowed. All the applicants be released on bail on each furnishing surety in the sum of Rs.10,000/- and on furnishing P.R. bond in the like amount. (b) After release on bail, the applicants not to disturb the law and order. 5 All the applications stand disposed of accordingly. (A.V.POTDAR ) JUDGE ... agp/2483-10craplgr