1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2701 OF 2009 Vijaykumar Baliram Tivghale and others Versus State of Maharashtra *** Mr. Vijaykumar V. Tamke, Advocate for the Applicant. Mr. D. R. Korde, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 8th SEPTEMBER, 2009. 1. Heard learned counsel for the accused/ applicant extensively. In Crime No.90 of 2009, registered at Chakur Police Station for offence under sections 147, 148, 149, 307, 302 of IPC and 3 (1) (x) of SC & ST (Prevention of Atrocities) Act, the accused/ applicants seek bail. 2. The accused No.1 Vijaykumar is village Sarpanch. The incident has taken place on 5th June, 2009 allegedly when the complainant had gone to the common bore-well, situate near road, to fetch water. The process was obstructed by putting thorny fencing which he was removing. At such time, several persons, which included the accused Vijaykumar and Baliram came there and refrained the complainant Dagadu from removing the thorny fencing, they abused the complainant in filthy language and 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. assaulted him. Thereafter, Ram Kondiba Kamble, a guest, came to intervene. However, the other accused Sham Sathe, Birbal Sathe assaulted the said Ram Kamble while one Sahebrao came with an axe. He too started assaulting Ram Kamble. When he was running, said Ram was chased and the four persons named above again restrained him on the way and continued with the assault. 3. As per the further statement of the complainant Dagadu, dated 12th June, 2009, the accused/ applicants herein Vijaykumar and Baliram were allegedly instigating the above referred four persons as to assault and to bear the impact thereof. 4. During the course of submission, I have specifically asked learned A.P.P. as to any witness showing independent role of the present accused/ applicants involving them in assault of the deceased Ram Kamble. Learned A.P.P. could not do so. 5. Charge sheet is filed. Though the accused/ applicants are from the same village, however, care can be taken for any adverse influence to the witnesses. Hence, order. 6. The accused/ applicants be released on their furnishing P.R.Bond and surety in the sum of Rs. 25,000/- each [Rupees twenty-five thousands each]. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 7. The accused/ applicants, after their release, shall attend Chakur Police Station every Sunday between 10.00 a.m. to 05.00 p.m. till the trial. 8. The accused applicants shall not influence or terrorise the witnesses. Any attempt to do so, will naturally culminate in termination of the bail granted today. Application is allowed in above terms. [K. U. CHANDIWAL, J.] Dated:08/09/2009. ans/2701