1 Cri.A.4707.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4707 OF 2011 1. Govind Murlidhar More, 2. Sunil @ Bandu S/o Pandurang More, 3. Damodhar S/o Nagorao More, 4. Yogesh S/o Pandurang More, 5. Ravi S/o Maroti Khule, 6. Sonaji S/o Gyanoji More, 7. Murlidhar S/o Nagorao More, 8. Gangadhar S/o Nemaji Khule, 9. Maroti S/o Eknathrao Khule, All R/o Rahtai Tq. And District Parbhani. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.R.N.Dhore,Advocate for Applicants. Shri.B.V.Wagh, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 16TH NOVEMBER, 2011. PER COURT : 1. This application is filed on behalf of nine persons i.e. the applicant Nos. 1 to 9. After some hearing, the learned advocate for the applicants 2 Cri.A.4707.11 at Serial No. 1 to 7, upon instructions, stated that he would like to withdraw this bail application, which is filed after filing of the charge-sheet as against applicant Nos. 1 to 7 and he would like to press for bail only as against the applicant NO. 8 - Gangadhar S/o Nemaji Khule and applicant NO.9 - Maroti S/o Eknathrao Khule. 3. I have perused the charge-sheet and heard learned Advocate on both sides. 4. Applicant No. 8- Gangadhar S/o Nemaji Khule and applicant NO. 9 - Maroti S/o Eknathrao Khule along with seven others are roped in Crime No. 55 of 2011 of Tadkalas Police Station, Tq. Purna, District Parbhani. The incident is dated 21st July, 2011. Mr. Amol and Mr. Balasaheb has expired in the course of incident. Mr. Bhau has sustained some injuries. On perusal of the FIR as well the statements of other witnesses go to show that at the site applicant No. 8 - Gangadhar S/o Nemaji Khule and applicant No. 9 - Maroti S/o Eknathrao 3 Cri.A.4707.11 Khule and other seven persons were present duly armed with sword, Axe etc. and in the incident respective persons named in the statements used sword and Axe etc. Since bail application of Applicant No. 8- Gangadhar S/o Nemaji Khule and applicant NO. 9 - Maroti S/o Eknathrao Khule is being considered, by reading of charge-sheet it is noticed that no role is attributed to the applicant Nos. 8 and 9. So far as Maroti is concerned, he has said to have hurled armed with stone and looking this involvement, which is reflected in the charge-sheet, I am inclined to observe that though charge-sheet is filed under Section 302 of the Indian Penal Code as well as other offences, these two persons can be granted bail subject to conditions of attendance. Hence, the following order is passed: . The application is allowed to be withdrawn as against the applicant Nos. 1 to 7. The Applicant No. 8- Gangadhar S/o Nemaji Khule and applicant NO. 9 - Maroti S/o Eknathrao Khule be released on 4 Cri.A.4707.11 bail, in Crime No. 55 of 2011 of Tadkalas Police Station, Tq. Purna, District Parbhani, in the sum of Rs.20,000/-(Rupees Twenty Thousand) with one surety in like amount each. The Applicant No. 8- Gangadhar S/o Nemaji Khule and applicant NO. 9 - Maroti S/o Eknathrao Khule shall execute P.R.bond of Rs.20,000/-(Rupees Twenty Thousand) each. . The Applicant No. 8- Gangadhar S/o Nemaji Khule and applicant NO. 9 - Maroti S/o Eknathrao Khule shall report concerned Police Station on every Second Saturday between 11.00 a.m. to 4.00 p.m., till the evidence of eye witnesses are recorded. . Accordingly, the Criminal Application is allowed in the above terms and stands disposed of. Sd/- [ R.Y.GANOO, J.] MTK 5 Cri.A.4707.11