1 Criapln4860/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4860 OF 2011 1. Trimbak s/o Ramrao Kharabe Applicants 2. Devidas s/o Ramrao Kharabe 3. Digambar s/o Trimbak Kharabe V E R S U S The State of Maharashtra & Anr. Respondents Shri V.B. Deshmukh, Advocate for the applicants Shri D.R. Kale, APP for the respondents / State WITH CRIMINAL APPLICATION NO. 5154 OF 2011 Shankar s/o Shivaji Kharabe Applicant V E R S U S The State of Maharashtra & Ors.. Respondents Shri S.R. Bharad, Advocate for the applicant Shri V.B. Deshmukh, Advocate for respondent Nos. 1 to 3 Shri D.R. Kale, APP for respondent Nos. 4 & 5 / State CORAM : R.Y. GANOO, J. DATED : 25th November, 2011 PER COURT : 1. Application filed by Shankar s/o Shivaji Kharabe bearing No. 5154 of 2011 is granted. The applicant is allowed to assist the A.P.P. 2. Heard learned Advocates of both sides. 3. At the outset, learned Advocate for the applicants in Criminal 2 Criapln4860/2011 Application No. 4860 of 2011 submitted that the applicant No. 1 is not pressing this anticipatory bail application. He applied for anticipatory bail on behalf of applicant Nos. 2 & 3 only. 4. The applicant Nos. 2 and 3 apprehend arrest in CR No. 121 of 2011, registered with Manwat Police Station, District Parbhani. 5. Having perused the police papers, it is apparent that applicant Nos. 2 and 3 visited the place of offence on 2nd October, 2011 alongwith various other persons. However, the complainant, who has filed the F.I.R., has not attributed any positive role to applicant Nos. 2 and 3 except being present at the place of occurrence. According to the learned Advocate for the applicants, this is a circumstance in favour of applicant Nos. 2 and 3 to get an anticipatory bail. 6. Learned A.P.P. submitted that the present applicants had joined the unlawful assembly, and therefore, their application should be rejected. The learned Advocate for the complainant submitted that the injuries suffered by the victims in the course of occurrence undoubtedly are of serious nature and surely they could not have been caused by only one person. According to him, the applicants were party to the whole occurrence, and so, they are not entitled for anticipatory bail. 7. After having considered the fact that no positive role is attributed to the present applicant Nos. 2 and 3, I am inclined to grant anticipatory bail 3 Criapln4860/2011 though the record indicates that some persons have suffered injuries and those injuries are referable to the overt acts of others. Hence, the following order is passed to dispose of the present application : ORDER A. Criminal Application No. 4860 is allowed to be withdrawn on behalf of applicant No. 1 - Trimbak s/o Ramrao Kharabe and accordingly disposed of so far as applicant No. 1 is concerned. B. Criminal Application No. 4860 of 2011 filed by applicant No. 2 Devidas s/o Ramrao Kharabe and applicant No. 3 Digambar s/o Trimbak Kharabe is allowed. C. In the event of arrest of applicant Nos. 2 and 3 in connection with Crime No. 121 of 2011 of Manwat Police Station, District Parbhani, they shall be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety in the like amount. Each applicant shall furnish P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand). D. Both the applicants shall report to the concerned police station firstly on 30th November, 2011 between 11.00 a.m. to 04.00 p.m. and thereafter as and when called. ( R.Y. GANOO, J. ) SRM/criapln//11//11/11 4 Criapln4860/2011