1 Cri.Appln.No.1258/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1258/2011 ( Vijay Ashok Lokhande and Ors. Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. PR Katneshwarkar, Adv. for Applicants; Mr. KM Suryawanshi, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 18 th April, 2011. ... 1) Heard Mr.Katneshwarkar and learned APP. 2) In an offence under Section 395 of IPC in crime No.9/2011 of Paradh police station, Tq. Bhokardan, exercise of powers under Section 438 of Cr.P.C. is sought. 3) Reading the F.I.R. and the several texts of the applications, it appears, a clash has taken place between two groups, giving rise to Crime No.8/2011 and another Crime No.9/2011 dated 19th February, 2011 (subject crime). The allegations are, the matter between the two groups was to be settled, headed by Vinod Telange, Datta Lokhande and Suresh Lokhande and when the discussion was in progress, it is alleged, Baban Lokhande, Shivaji Lokhande and Waman Pande, started making hue and cry. One Mohan 2 Cri.Appln.No.1258/2011 Sheth Berad tried to convince them, but they were not in a mood to hear. In the meantime, based on a message, few more persons were invited and in the clash, allegedly Vinod Lokhande had a fighter with him and the gold bracelet of ten tolas is allegedly snatched away from the complainant. 4) Considering the nature of accusations, though learned APP submits, recovery is predominant factor, however, colour to the events is given in a magnified manner to ensure that the accused/applicants either to remain in fetters or face the brutalities. 5) Considering the two crimes referred above, custodial interrogation of the applicants/accused not warranted as additionally they have no criminal record. Hence, order. 6) The pre-arrest bail dated 23rd March, 2011 is made absolute. The attendance conditions to remain in force till 31st May, 2011. 7) Criminal Application allowed as above. (K.U.CHANDIWAL) JUDGE bdv/