1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2017 OF 2009. 1. Jaihind @ Jaivant S/o Dadarao Gutte. 2. Sanjay S/o Ashok Gutte. ...Applicant. Versus 1. The State of Maharashtra & another. ...Respondents. ... Mr.S.W.Mundhe, Advocate for the applicants. Mrs.R.R.Mane, APP for the respondents. ... CORAM: A.V.NIRGUDE,J. Date : 23rd June, 2009. COURT'S ORDER: 1. The applicants are seeking anticipatory bail in Crime No.79/2009, registered at Parali (Rural) Police Station, Dist.Beed on 22nd April, 2009. Offences under Sections 147, 148, 149, 326, 307 and 427 of the Indian Penal Code and under Sections 25(1)(3) of the Arms Act were alleged against the applicants and 16 others. 2 2. The incident occurred during the night between 21st and 22nd April, 2009. It is alleged that a mob of 20 persons attacked the complainant's brother, who was traveling in a car towards village Daithana Ghat. In the attack, the complainant's brother and his companions were assaulted and they sustained injuries. Even the vehicle, in which they were traveling, was set on fire. The complainant named first only 10 persons, but since the complainant was not present at the time of actual incident, the police recorded the statements of the eye witnesses, including the injured one. The witnesses then named other persons as participants in the rioting etc.. Fortunately for the applicant No.2, his name has not been taken by any witness including the complainant. I think, the applicant No.2-Sanjay s/o Ashok Gutte deserves protection. 3. The applicant No.1-Jaihind @ Jaivant S/o Dadarao Gutte, it is said, should be granted protection of anticipatory bail because he is handicapped person having suffered fractured leg. He is possessing a Medical certificate showing that he has suffered 48% permanent disability. 4. Learned Advocate for the applicants, contended 3 that such disabled person could not have participated in the incident of rioting. He also asserted that the applicant No.1's name is not mentioned in the FIR. 5. I am not inclined to release the applicant No. 1-Jaihind @ Jaivant on anticipatory bail because the injured witness named him as one of the assailants. The application is partly allowed. i) In the event of applicant No.2-Sanjay S/o Ashok Gutte's arrest in this case, he shall be released on bail of Rs.5,000/- (Rs.Five Thousand only), with one surety in the like amount. (A.V.NIRGUDE,J.) lkp.