1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2528 OF 2010 1. Mohsinkhan S/o.Sherkhan Pathan, Age-20 years, Occu-Grocery shop, 2. Sherkhan S/o.Mansoorkhan Pathan, Age-45 years, Occu-Grocery shop, 3. Bademiya S/o.Pashamiya Palimkar, Age-38 years, Occu-Agricultural/Mechanic, 4. Shaikh Fayyaz S/o.Shaikh Babumiya, Age-22 years, Occu-Restaurant Owner, 5. Shaikh Ali S/o.Shaikh Hussain, Age-20 years, Occu-Agriculturist, 6. Shaikh Riyaz S/o.Shaikh Hussain Saheb, Age-21 years, Occu-Labourer, 7. Shaikh Azam S/o.Shaikh Ismail, Age-25 years, Occu-Labourer, 8. Shaikh Khadir S/o.Shaikh Isaqmiya, Age-Major, Occu-Labourer, All are R/o.Shevdi (Bajirao) Taluka Loha, Dist. Nanded APPLICANTS VERSUS 1. The State of Maharashtra, Through P.S.O.Sonkhed Police Station, Taluka Loha, Dist. Nanded 2. The Superintendent of Police, Nanded RESPONDENTS 2 Mr.N.B.Suryawanshi, learned counsel for applicants. Mr.P.P.More, learned APP for State Mr.R.K.Temkar, learned counsel for original complainant CORAM : A.V.POTDAR, J. DATE : 30/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR no.40/2010, registered in Sonkhed Police Station. 2. Heard learned counsel for applicant, learned APP for State, and learned counsel for original complainant. Perused the papers of investigation till carried out. 3. On 08/07/2010, interim protection was granted to these applicants. 4. It appears from the papers of investigation that the said CR came to be registered on the complaint of Shaikh Fakir Khajamiya, who is one of the accused in CR No.41/2010. It is stated in the complaint that when he returned from “namaj” at 2.30 p.m., these applicants and others came at his residence and took quarrel with him on the ground that he is helping Ex-Sarpanch Kailas, who was arrayed as one of the accused in CR NO.41/2010, and thereafter forcibly entered in his house, removed the ornaments and cash from 3 his house. 5. During the course of submissions across the bar, it is vehemently urged across the bar that other than presence of these applicants, the complaint as well as the statement of the witnesses are totally silent about any active participation at the hands of these applicants. There are no allegations that these applicants were armed with weapons at the time of alleged incident, and if it is so, prayed for release of applicants on bail. 6. Considering these submissions, and the documents produced before me, it revealed that no overact is attributed to the credit of these applicants other than their presence is marked in the complaint, as well as in the statements of eye witnesses, for which their custodial interrogation is not warranted. 7. In the result, application is allowed. Interim protection granted on 08/07/2010 is hereby confirmed fill filing of the charge sheet. Applicants to co-operate the investigation agency, if required. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2528-10