1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICLATION NO.2265 OF 2009. ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ CORAM : K.U.CHANDIWAL, J. DATE : 22 nd July, 2009. . Heard learned Counsel for the applicants and learned APP for State. 2) The matter revolves to cross­ complaints between two groups in the family members. The root cause in the matter revolves to agricultural property, which was subject matter of RCS No.52/2006, wherein Kishor s/o Bhagwan Wathore (one of the applicant) was equipped with a temporary injunction, confirmed in MCA No.79/2007 by the learned Additional District Judge­4, Nanded on 20th August, 2007. 3) The incident, allegedly has taken place in the field of said Vinayak and others. 4) The role attributed to the accused/applicants needs consideration. These applicants, including Shobhabai w/o Bhagwan Wathore, were shown to be present at the material time. Shobhabai 2 possessed a stick while accused/applicants Bhagwan and Kishore were armed with deadly weapons. Son of Bhagwan, i.e. Pandit, was nabbed. An axe was recovered from him. After the F.I.R., the accused/applicants have made their presence scarce. Considering the nature of controversy, injury certificate having been verified, I find that there is no case made out by the applicants nos.1 and 2 – Bhagwan and Kishor respectively for pre­arrest bail. However, applicant no.3 – Shobhabai w/o Bhagwan Wathore, needs to be released in the event of her arrest. Shobhabai is 45 years, a woman, a very minimal role is attributed to her, more leaning to be the attempt to implicate her, consequently, order ­ (i) The application is partly allowed; (ii) In the event of arrest of applicant no.3 – Shobhabai w/o Bhagwan Wathore in Crime No.39/2009, at Police Station, Hadgaon, District Nanded, she be released on her furnishing PR bond and surety in the sum of Rs.2,000/­ (Rupees two thousand). (iii) The accused/applicant Shobhabai shall not create terror by threatening the witnesses or shall not tamper with the record. 3 (iv) She will make her appearance, before the concerned police authorities during the course of investigation. (v) Criminal Application in so far as applicant nos. 1 – Bhagwan s/o Punjaram Wathore and applicant no. 2­ Kishor s/o Bhagwan Wathore is rejected. (vi) Earlier interim protection extended till 29th July, 2009. . Hamdast allowed. ( K.U.CHANDIWAL ) JUDGE bdv/cran2265.09