1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1330 OF 2010 1 Khaja Mainoddin Pathan, age 55 years,occ. Business, 2 Sajid Mainoddin Pathan, age 22 years,occ.service, 3 Shaikh Salim Mainoddin, age 25 years,occ.service, All r/o Bharat Society, Latur, District Latur ...Applicants VERSUS 1 The State of Maharashtra, through police Station M.I.D.C., Latur, District Latur. ...Respondent ..... Shri N.P.Patil Jamalpurkar, advocate for the applicants Shri S.GNandedkar, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 28th April, 2010 PER COURT : 1 Heard Shri N.P.Patil Jamalpurkar, advocate for the applicants and Shri S.G.Nandedkar, A.P.P. for the respondent. 2 This is an application for bail preferred by applicant nos. 1 to 2 3, in connection with CR No. 34 OF 2010, registered at M.I.D.C. police station, Latur for the offence punishable under Sections 302 r/w 34 of the Indian Penal Code and Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, since the applicants were arrested thereunder on 19.2.2010 and they are under judicial custody presently. 3 It appears that the offence has been registered on the basis of complaint lodged by Smt. Mahananda Vijaykumar Kamble on 19.2.2010, alleging that applicant no. 1 – Khaja Mainoddin Pathan is the President of Sant Bapudeo Niwashi Matimand Vidyalaya, Latur and applicant no. 2 – Sajid Mainoddin Pathan is the Head Master thereof; whereas applicant no.3 – Shaikh Salim Mainoddin is the peon in the said school. Applicant no.2 is the son of applicant no.1. 4 It is alleged that husband of the complainant, namely Vijaykumar was transferred from Islampur to Latur in the above referred school, namely Sant Bapudeo Niwashi Matimand Vidyalaya, but applicant no.1 did not accept his joining report with the fear that his son I.e. applicant no.1 would have to vacate the post of Head Master in the said school due to transfer of first informant. 5 It is also alleged that on 19.2.2010 at about 5.00 a.m. the complainant and her husband I.e. victim Vijaykumar had gone to morning walk and they were proceeding in front of Collector's bungalow 3 and at that time applicant nos. 1 to 3 arrived there covering their faces and applicant no.3 was armed with long white iron pointed weapon and he thereby assaulted the victim on his head; whereas applicant no.2 was armed with stick and thereby he assaulted the victim Vijaykumar; and applicant no.1 abused the victim and asked him not to indulge into the affairs of the applicants. On occurrence of the afore said incident, the complainant shouted and thereupon the applicants fled away. 6 It is seen from the contents of the afore said complaint that apparently names of applicant nos. 1 to 3 have been reflected therein. However, specific role and overt act has been attributed to applicant nos. 2 and 3 only and the allegations made against applicant no. 1 are that he abused the victim and asked him not to indulge into the affairs of the applicants and nothing beyond that. True it is that Section 34 of the Indian Penal Code has been applied in the present matter, but aspect thereof can be considered at the time of trial after appreciating the evidence. Besides that, applicant no.1 is aged person about 55 years and he is in custody since almost more than two months. Hence, in view of the said position, application of applicant no.1 for grant of bail can be considered. However, since the names of applicant nos. 2 and 3 have been specifically reflected in the contents of the complaint as well as specific role and overt act has been attributed to them during the occurrence of the incident, their bail application deserves to be rejected. 4 7 In the result, present application is allowed to the extent of applicant no.1, namely Khaja Mainoddin Pathan and it is directed that said applicant no.1 be released in connection with C.R. No. 34 of 2010, registered with M.I.D.C. police station, Latur, on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the following conditions. (i) The applicant no.1 shall attend the concerned police station as and when required on written intimation till filing of charge sheet and shall cooperate in the investigation. (ii) The applicant no.1 shall not tamper with the evidence and/or influence the witnesses directly or indirectly. 8 However, present application in respect of applicant no.2, namely Sajid Mainoddin Pathan and applicant no.3, namely Shaikh Salim Mainoddin stands rejected. Liberty to applicant nos. 2 and 3 to prefer application for bail before the Court of Sessions, Latur, after filing of the charge sheet, but if such application is preferred by applicant nos. 2 and 3, the Sessions Court, Latur shall consider the said application on its own merits in accordance with law. 9 The above observations are prima facie observations and 5 shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1330.10