1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3319 OF 2010 Maroti s/o Manik Narwade Applicant Versus The State of Maharashtra Respondent Mr.V.B.Dhage, advocate for the applicant. Mr. P.P.More, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 18 th August, 2010. P.C.: 1 By the present application, the applicant – a porter, attached to Krishi Utpanna Bazar Samiti, has approached this Court praying for his release on bail in connection with CR No. 76/10, registered in Basmath Police Station, District Hingoli, on 04.06.2010. 2 Heard Counsel for the applicant and learned A.P.P. For Respondent-State. 3 It appears that the said offence came to be registered in Basmath Police Station, District Hingoli, on the complaint of P.I. 2 Vikas Totawar, attached to Basmath Police Station, about the alleged incident which took place on 04.06.2010 when the agriculturists were gathered in front of Niwas Agro Agency to collect fertilizers, as it was the rainy season. As the mob gathered outside the said shop has become uncontrollable, as those, who were standing in the cue were not receiving fertilizers as per their demand, police were called from Basmath Police Station to control the law and order and situation. Because of this, altercation took place between the Proprietor of the said agency, the police and people assembled outside the said shop, which resulted in stone pelting on the property of the said agency, public as well as private vehicles as well as also resulted in causing damage to the public and private property. 4 It is urged across the Bar that the applicant-accused was arrested on 05.06.2010. He is a porter working in Krishi Utpanna Bazar Samiti and his presence at the said spot is but natural. He has prayed for his release on bail on the ground of parity as the agriculturists, who are in similarly situated condition, were released by this Court vide common order dated 21st July, 2010, wherein, in para 3, it is observed: “Considering the submissions made across the Bar, one fact which is required to be noticed is that those agriculturists, along with the applicants, on the spot were not assembled with common object to commit the offence but they are the agriculturists, demanding to provide fertilizers. The date is very material as the date 3 is in the first week of June, when the agricultural operations are required to be commenced for which use of the fertilizer is a must. Bearing in mind this typical situation, it cannot be said that assembly of the mob was with the common object to commit the offence, to destroy the private property and to commit the murder of either of the public officers or the private persons. Considering this overall effect of the allegations in the complaint as well as the statements of the witnesses recorded during investigation, as the applicants are already behind the bars for 40 days, this Court does not feel it proper that their further detention is required.” 5 Considering these observations, a case is made out to release the applicant on bail on following conditions: ORDER (a) Criminal Application is allowed. (b) The applicant Maroti Manik Narwade be released on bail in connection with CR No.76/10, registered in Basmath Police Station, on furnishing surety in the sum of Rs.5000/- (Rs. Five thousand) and on executing P.R. Bond in the like amount. (c) After released on bail, the applicant not to disturb the law and order. (d) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln331910