1 Criminal Application No.1397/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1397 OF 2011 Appa s/o Bapu Rawale & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri K.S. Bhore, Advocate for the applicants Shri K.M. Suryawanshi, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st April, 2011 PER COURT : 1. Heard. In a clash between the rival groups, the accused/ applicants also dealt severe blows and suffered at the hands of complainant in present Crime No.15/2011. It is alleged that due to assault, by user of axe and deadly weapon, complainant suffered. He was admitted at Solapur and remained there, resulted in lodging F.I.R. referred above. 2. Based on F.I.R., from the group of presnet accused/ applicant, being F.I.R. No.14/2011, dated 11.3.2011, few persons from the group of complainant were arrested and consequently released on bail. 2 Criminal Application No.1397/2011 3. The learned counsel submits to apply same principle, however, difficult to do so as release was after arrest and present application is for pre-arrest bail. 4. In spite of above odd situation, reading F.I.R. in Crime No.15/2011, role of the female applicant Sunita w/o Balu Rawale is minimal, she has no criminal record, her custody would frustrate her life prospect. Consequently, application for protection in terms of Section 438 of the Criminal Procedure Code is rejected barring application of applicant No.5 Sunita w/o Balu Rawale. Hence order : O R D E R In the event of arrest of applicant No.5 Sunita w/o Balu Rawale in Crime No.15/2011, registered at Tamalwadi Police Station, District Osmanabad, she be released on furnishing P.R. bond and a surety in the sum of Rs.2000/- (Rupees Two Thousand). The accused/ applicant to attend the investigator whenever so specifically asked. Application of other applicants rejected. K.U. CHANDIWAL JUDGE fmp/cri1397.11