1 Cr.Appln.No.1191/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1191/2011 with CRIMINAL APPLICATION NO.1350/2011 1) Ranjeet Vithalrao Kapre and Ors - APPLICANTS VERSUS The State of Maharashtra - RESPONDENT ***** Mr.VD Salunke, Adv. h/for Mr. MP Tripathi, Advocate for Applicants; Mr.VH Dighe, APP for State. Mr.PB Patil, Adv. For injured. ----- CORAM : K.U.CHANDIWAL, J. DATE : 28th March, 2011. PER COURT : . Heard Shri PB Patil. He appears for injured to assist learned APP. Permitted. Criminal Application in this behalf allowed. 2) Heard Mr.Salunke for the applicants/accused and learned APP for state. 3) The sixteen accused/applicants, in custody from 3rd March, 2011 in Crime No.29/2011 of Bori Police Station, seek bail. 2 Cr.Appln.No.1191/2011 4) It appears the controversy crept in at the village Bhgangapur, all the applicants/accused, over a religious programme/Kirtan, in which one of the member of rival group was under influence of liquor, and even tried to disturb the events, including abusing, same has aggravated the situation of assault, injuries to several persons and rioting. The investigation papers reflect that few of the persons from the rival group were admitted in hospital had lacerated wound. X-ray shown one Ravikant Deshmukh had abrasion on right scapular region; abrasion of left shoulder, contusion of his put ankle. There was suspected fracture of carpal bone. 5) Reading the F.I.R. it is explicit, the accused/applicants Ranjit, Prakash, Baliram, Bhagwan, assaulted Vinod, Nagorao, Baliram and Ganpat by different instruments, resulting in later persons suffering severe blows. The accused/applicants Nos. 5 to 16, reading the F.I.R., have not actively participated in the rioting or with common object of unlawful assembly. No individual role is attributed as yet by any of the members from rival group, barring their presence at the material time. No criminal record of applicant nos.5 to 16 to 3 Cr.Appln.No.1191/2011 extend their custody. Hence, order. 6) The Criminal Application of accused/applicant nos.1 to 4 – 1) Ranjeet s/o Vithalrao Kapre; 2) Prabhakar s/o Santrao Kapre; 3) Baliram s/o Santram Kapre; and 4) Bhagwan s/o Rangnath Kapre; is rejected. Liberty to move. 7) The Criminal Application of Accused Nos. 5 to 16 i.e. 5) Vaijnath s/o Babasaheb Barsade; 6) Aasaram s/o Manik Bodkhe; 7) Janu @ Jalu s/o Sahebrao Bodkhe; 8) Shivaji s/o Sahebrao Bodkhe; 9) Digambar s/o Bhagwanrao Bodkhe; 10) Prakash s/o Kishanrao Bodkhe; 11) Manik s/o Ashroba Bodkhe; 12) Damodhar s/o Ashroba Bodkhe; 13) Rajebhau s/o Balasaheb Bodkhe; 14) Ansiram s/o Dasa @ Devidas Bodkhe; 15) Vishwanath s/o Amratrao Bodkhe; and 16) Saheb s/o Amratrao Bodkhe, allowed. Each one of them be released on their furnishing a PR bond and surety in the sum of Rs.10,000/- (Rupees ten thousand). 8) After release, the applicants/accused Nos.5 to 16 shall attend the Investigator on every Thursday and Sunday between 3.00 to 6.00 p.m. till filing of the charge sheet. 9) The applicant/accused shall not coerce, induce or cause threats to the witnesses and 4 Cr.Appln.No.1191/2011 particularly the persons from rival group, subject of Crime No.29/2011 dated 22.3.20110. 10) Criminal Application is partly allowed as above. ( K.U.CHANDIWAL ) JUDGE bdv/