1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2331 OF 2009 (Datta s/o Tukaram Bharate vs. The State of Maharashtra and others. -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.M.Humbe, Adv., for the applicant. Mr. K.M.Suryawanshi, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 11/8/2009 ... P.C.:- 1. Heard learned Counsel extensively. 2. In a chaotic situation created in a Dhaba ( roadside hotel), in the night of 28.9.2008, on account of delayed service in attending the accused/applicant, with his other associates, resulted in the associates of the accused/applicant assaulting the 2 complainant and his employees, he was dragged from the counter. Thereafter, the accused/applicant alleged to have sprinkled petrol, which he had with him, in the cash box of the said counter and lit it. Consequently, currency notes worth Rs. 3,000/- were burnt. The members in the company of the accused, damaged the Television, Refrigerator, table glasses were broken, motor cycles were damaged. The act of the accused is not simple of only pouring kerosene and burning the cash box but it was to accomplish the common object of every member in the assembly and, consequently, prima facie, the offense in terms of Section 149 of IPC will also be applicable. 3. Filing of chargesheet against the accused/applicant or, other accused/applicant getting pre- arrest bail will not be a lever or license to have same treatment to the accused/applicant. It is clear he has successfully evaded to put himself in the net. 3 Discretion under Section 438 Cr.P.C. cannot be exercised being urged to do so, as prima facie record rebels against accused. Consequently, no case. Application rejected. (K.U.CHANDIWAL) JUDGE ... agp/2331-09crapl