1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4176 OF 2009 1. Sunil S/o.Ramdas Bhavar, Age-25 years, Occu-Agriculturist, 2. Macchindra S/o.Nana Tupke, Age-50 years, Occu-Agriculturist, 3. Smt.Punjabai Nana Tupke, Age-55 years, Occu-Agriculturist, 4. Gayabai Nana Tupke, Age-53 years, Occu-Household, 5. Smt.Bijalabai Murlidhar Tupke, Age-61 years, Occu-Agriculturist, 6. Balasaheb Murlidhar Tupke, Age-35 years, Occu-agriculturist, 7. Prakash Murlidhar Tupke, Age-35 years, occu-Agriculturist, 8. Mirabai Sarangdhar Dhande, Age-40 years, Occu-Agriculturist, 9. Dadasaheb Eknath Tupke, Age-35 years, Occu-Agriculturist, 10. Rajendra Eknath Tupke, Age-35 years, Occu-Agriculturist, 11. Mandabai Ramdas Nikam, Age-26 years, Occu-Household, 2 12. Raghunath Sitaram Shinde, Age-54 years, Occu-Agriculturist, 13. Tukaram Dashrath Jadhav, Age-46 years, Occu-Agriculturist, 14. Walhubai Ramdas Bhavar, Age-40 years, Occu-Agriculturist, All R/o.Talegaon Male, Tq.Kopargaon, Dist. Ahmednagar APPLICANTS VERSUS 1. The State of Maharashtra 2. Ramkisan S/o.Nana Tupke, Age-47 years, Occu-Agriculturist, R/o.Talegaon male, Tq.Kopargaon, Dist. Ahmednagar RESPONDENTS Mr.N.V.Gaware, learned counsel for applicants. Mr.N.B.Patil, learned APP for respondent State. Mr.P.B.Shirsath, learned counsel for respondent no.2 (CORAM : A.V.POTDAR, J.) DATE : 22/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for anticipatory bail for their release on bail in the event of their arrest in connection with CR No.307/2009, registered in Kopargaon Police Station. 3 2. At the time of opening of the submissions, learned counsel for applicants fairly conceded that he is withdrawing this application in respect of applicant no.1 to 6 and 12 to 14 and pressing the application in respect of applicant no.7 to 11 only. 3. Heard learned counsel for applicants followed by the submissions of learned APP for State and counsel appearing for respondent no.2, the original complainant. 4. On perusal of the complaint lodged before the J.M.F.C. Kopargaon, which was numbered as O.M.A.No.576/2009 which was referred for investigation and on that basis, the said offence came to be registered. Clear perusal of this complaint do not disclose the specific role played during the alleged offence at the hands of these applicants no.7 to 11, and this fact is fairly conceded by the learned counsel appearing for the original complainant, the 2nd respondent. If it is so, this Court have not to dilute all the material aspects on which parties have to make their submissions, but case is made out so far as these applicants are concerned to exercise the discretion. In the result, following is the order : O R D E R 1. Application is partly allowed. 2. Application stands disposed of against applicant no.1 to 6 and applicant no.12 to 14 as not pressed and withdrawn. 3. In respect of applicant no.7 to 11, the interim protection granted on 04/12/2009 is confirmed and to remain in force till filing 4 of the charge sheet. Thereafter, these applicants are at liberty if advised to apply for regular bail. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4176-09