(1) CRI.APP. 4190.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4190 OF 2010 1. Vishnu S/o Achaba Nagare, Age : 42 years, Occu.: Agri., 2. Popat S/o Achaba Nagare, Age : 38 years, Occu.: Agri., 3. Narayan S/o Achaba Nagare, Age : 40 years, Occu.: Agri., 4. Nitin S/o Popat Nagare, Age : 20 years, Occu.: Agri., All R/o Nagarechiwadi, Tal. Shirur (Kasar), Dist. Beed .. Applicants VERSUS The State of Maharashtra .. Respondent ... Mr. S.S. Thombre, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 23RD NOVEMBER, 2010 ORAL ORDER:- 1. This is an Application for regular bail under section 439 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicants and learned A.P.P. It is stated by the learned Advocate and learned A.P.P. that chargesheet is (2) CRI.APP. 4190.2010 already filed. Needless to say, the investigation is completed and, therefore, custodial interrogation of the applicants is not necessary nor any fruitful purpose would be served by detaining them behind the bars. 3. The alleged incident occurred on 22.6.2010 at about 4.00 pm. It prima facie appears that names of the applicants are shown in the FIR as the assailants. It appears that the applicants no.1 and 2 were holding axes in their hands whereas, names of other applicants, though are shown yet no particular role is attributed to them. What appears from the record is that all the applicants alongwith other 8 accused persons had formed an unlawful assembly with an object to assault Jagannath Sirsat and Dilip Sirsat. It appears that the incident occurred on account of several disputes regarding cultivation of agricultural land. 4. The medico-legal certificate purport to show that Dilip Sirsat sustained two grievous injuries and other two victims were also injured during course of the assault. The medical-legal certificate however, (3) CRI.APP. 4190.2010 does not show that Dilip Sirsat was assaulted on any vital part of the body. Considering the nature of assault and the injuries, the applicants deserve liberty with certain conditions which are required to be imposed. 5. In the result, the Bail Application is allowed. The applicants are directed to be released on bail on furnishing bail bonds in sum of Rs.20,000/- each with solvent surety bond each in the like sum to the satisfaction of the Court of Sessions and on further condition that they shall not enter the limits of village Nagarechiwadi, Tq. Shirur (Kasar) during pendency of the Sessions case. They shall not contact any of the prosecution witness and shall make no attempt to tamper the evidence of the prosecution. Any breach of such conditions may entail cancellation of the bail. The applicants shall furnish an undertaking to abide themselves by such conditions while furnishing bail bonds in the Court of Sessions. Sd/- [V. R. KINGAONKAR, J.] arp