1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4436 OF 2009 1. Vasant S/o.Raosaheb Deshmukh, Age-24 years, Occu-Agriculturist, 2. Potanna S/o.Kondiba Akkemwad, Age-20 years, Occu-Agriculturist, 3. Sandeep S/o.Keshavrao Kalyankar, Age-25 years, Occu-Agriculturist, 4. Mukund S/o.Babarao Ghantewad, Age-27 years, Occu-Agriculturist, All resident of Bhosi, Tq. Bhokar, Dist. Nanded APPLICANTS VERSUS The State of Maharashtra, Through P.S.Bhokar, Tq.Bhokar, Dist. Nanded RESPONDENT Mr.G.P.Shinde, learned counsel for applicants. Mr.N.R.Shaikh, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/01/2010 PER COURT : 1. By the present application, these applicants have approached this Court for their release on anticipatory bail in the event of their 2 arrest in connection with CR No.182/2009, registered in Bhokar Police Station, Dist. Nanded for an alleged offence u/s. 353, 323, 504 r/w. 34 of IPC. 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out which are placed in my hand at the time of submissions across the bar. 3. Papers of investigation further discloses that the said offence came to be registered in Bhokar Police Station on the basis of complaint lodged by one Parasram Mahajan Desarwad, who is working as Junior Machine Operator in 33 KV Sub Station of Bhokar while he was on duty on 29/11/2009. At around 1.00 p.m., he received a phone call as to why the voltage at Bhosi is reduced. According to the complainant that the voltage was reduced from the Tamsa 132 KV Station. Again at around 3.30 p.m., applicant no.1 alongwith 2 to 3 other persons approached the complainant where he was on duty in the sub station at Bhokar, where in prohibited area, the applicant no.1 alongwith other 2-3 unknown persons entered in the sub station and attacked on the complainant and also abused in filthy language. There appears to be the active participation of applicant no.1, as against this, the names of remaining applicants are not mentioned in the FIR, neither the description is given. 4. According to learned counsel appearing for the applicant, as 3 when these villagers from village Bhosi went to Bhokar Sub Station for inquiry about low voltage, and these applicant no.2 to 4 were friends of applicant no.1, they are apprehending their arrest. As against this, it is submitted on behalf of State that there is active participation of these applicants. 5. Considering these submissions across the bar, so far as the role of applicant no.1 is concerned, prima facie it appears that his involvement in the offence about obstructing the public servant while discharging his duty. As against this, so far as the role of remaining applicants are concerned, it is silent as no description of the unknown person is given in the FIR. In the premise, an application deserves to be allowed, hence order : O R D E R 1. Application is partly allowed. 2. Application of applicant no.1 is rejected. 3. In case of arrest of applicant no.2 to 4 in Crime No.182/2009, registered in Bhokar Police Station, they be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 4. This protection is given for the period of 6 weeks. Within meantime, the applicants may apply for regular bail. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4436-09