1 Criminal Application No.727/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.727 OF 2011 Bhausaheb s/o Manjaba Tukude ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Mrs. S.S. Jadhav, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 4th March, 2011 PER COURT : 1. Heard. The accused/ applicant, with 12 others, was allegedly a member of unlawful assembly, giving rise to F.I.R. No.I-29/2011. Other accused involved in the crime with specific role attributed by the witnesses or the complainant have been arrested. Reading the investigation papers, barring presence of accused/ applicant, there is nothing to illustrate his active participation in the feud between the group. At the most, the allegations against accused/ applicant Bhausaheb would be that he has abused and was also part of the unlawful assembly, who took away the tempo. Considering the factual details even referred in F.I.R., further 2 Criminal Application No.727/2011 custody not warranted. The accused/ applicant was on interim protection vide order dated 17.2.2011. He has recorded his attendance. Consequently, the said interim protection is made absolute. The attendance condition is modified. Instead of Tuesday and Sunday, the accused/ applicant shall attend on every Sunday between 3.00 p.m. to 8.00 p.m. till 30th June 2011. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri727.11