1ab-appln-2709-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2709/2010 Hasina Banu Jumma Khan and others v. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Rishi Bhuta i/by A.S.Dhotre, Adocate for the Applicant. Mrs M.H. Mhatre, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 9TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the two applicants - accused persons apprehending their arrest at the hands of Amboli Police Station, Mumbai in C.R. No. 166/2010 registered on 5th May, 2010 against them along with other co-accused, total about 16 known and 8 to 10 unknown persons. Offences alleged against the applicants are that of rioting on the public place, obstructing public servants in discharge of their duties, causing grievous injuries to the witnesses and creating an atmosphere of terror. 2. During the arguments, learned Advocate for the applicants stated that out of the same incident, counter cases came to be lodged and the persons who had assaulted the present applicants and their associates have already been released on bail, when similar such offences were lodged against them on the complaint of Smt Tajbano Shah, who is relative of the present applicants. 2ab-appln-2709-10 3. It appears that when the Government officials arrived on the spot on the relevant day for the purpose of conducting a survey to start the development work of Shamnagar area, there was an atmosphere of rioting created by the applicants and mainly by a women folk, who were on the fore-front followed by the male persons armed with knife, iron bar, wooden bamboos, etc. There are specific allegations against the present applicant No.2 as to holding iron bar and being present on the spot in which one of his associate assaulted one Mr Kenneth Rocky De-kunnah on his abdomen by means of a knife whereas applicant No.2 hit on his head and hand with iron bar. 4. It appears that there is a prima facie material to ascertain that the Government officials were obstructed by the mob consisting of the applicants and their associates. Considering these circumstances and the role attributed to the applicants including applicant No.1, a woman, giving criminal intimidation, in the opinion of this Court, it is not a fit case in which anticipatory bail can be granted. Hence, the application is disposed of by the following order: :ORDER: (a) Anticipatory Bail application is rejected. (b) Interim orders, if any, earlier passed shall come to an end. (c) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)