1 CR.APL NO.1026/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 906. APPLN/1026/2011 GANPATI BHIVA HAGARE (MALI) [Criminal] V/S THE STATE OF MAH THR. TAMALWADI P.S. -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.N.Dhorde, Adv., h/f Mr. V.R.Dhorde, Adv., for the applicant. Mr. V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:29/3/2011 1. Heard. The accused/applicant Ganpat Shiva Hagare (Mali), in custody from 12th Oct.,2010, in Crime No. 54/2010, registered at Tamalwadi Police Station, Taluka Tuljapur, seeks bail. 2. Counsel submits, in earlier Criminal Application No.581/2011, arising out of the same crime, this Court, on 7th March, 2011, directed release of those of the accused/applicants Vishwanath s/o Nivruti Hagare, Kashinath Nivrutti Hagare, Vishwanath s/o Krushnanath Hagare. Counsel submits, in the FIr, the complainant refers the accused 2 CR.APL NO.1026/2011 Ganpat having assaulted her back and slapped her. No overt act of assault to Tukaram is illustrated. It was in the further statement of Sajabai dt. 6th Oct.,2010, she has implicated the applicant with specific role of controlling legs of her son Tukaram with Navnath Vishwanath Hagare. 3. The accused/applicant Ganpat has no criminal record. In the first statement of the complainant, as indicated above, a very trivial role is illustrated. It is not as of concert Tukaram was assaulted or there was any unlawful assembly formed to eliminate said Tukaram. No other witness, prima facie, implicates the accused / applicant. The accused/applicant and the rival group are on cross terms owing to rights in agricultural field. The village atmosphere is rebelling. Presence of the accused/applicant in the village would invite another wrath and even rioting. Taking these aspects into consideration and the role attributed to the accused/applicant, the accused deserves bail with conditions. Hence, order: 3 CR.APL NO.1026/2011 ORDER (a) The accused/applicant Ganpat Bhiva Hagare (Mali) be released on furnishing P.R. bond and surety in the sum of Rs.25,000/- ( Rs. twenty five thousand). (b) The accused/applicant, after his release, shall not reside in the village Savargaon or in Tuljapur taluka. As accepted, the accused/applicant Ganpat shall reside in the city of Osmanabad till conclusion of the trial. He shall inform of his changed address to the investigator within a week after his release. The accused/applicant shall not influence the witnesses. Application allowed. (K.U.CHANDIWAL) JUDGE ... AGP/1026-11crapl 4 CR.APL NO.1026/2011