1 Cri.Appln.No.1739/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1739/2011 ( Gulab Kisan Tayade and Ors. Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. PF Patni, Adv. for Applicant/s; Mr. NB Patil APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 3 rd May, 2011. 1) Heard finally. 2) In a clash, giving rise to two successive events, the accused/applicants have allegedly injured Rajesh and done to death to Subhash. Reading the statement of Rajesh and FIR, I find, at the most, involvement of applicant Raosaheb and Samadhan is surfacing in eliminating the – deceased. Grievous injuries suffered by the injured by sticks, even if said to be inflicted by other accused Gulab, Dnyandeo or Gopichand, – however, for that, they have already faced the brunt by remaining in custody since long. 3) By earlier application being Criminal Application No.298/2011, moved by the ladies in the same crime, they are directed to be released by order dated 7th February, 2011. It does not seem that the activities carried by the accused/applicants could be as part of concert. Even if fatal blow could be attributed to Raosaheb and Samadhan, it does not surface that other three applicants have inflicted fatal blow to the deceased. Though offence involves Section 149 of unlawful assembly, however, member of such assembly has to face the brunt, but role of the accused at the stage of bail is imperative to be investigated. Considering this area, the criminal application to the extent of applicants Gulab, Gopichand and Dyandeo, needs to be allowed. – Hence, order. 4) The accused/applicants Gulab Kisan Tayade; Gopichand Gulab Tayade – 2 Cri.Appln.No.1739/2011 and Dnyandeo Uttam Tayade, each one of them be released on their furnishing PR bond a surety in the sum of Rs.20,000/- (Rupees twenty thousand). 5) The accused/applicants shall not commit an offense similar to the offense of which they are accused, or suspected, of the commission of which they are suspected. 6) The accused/applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. 7) The accused/applicants shall keep themselves away from village Sindkkhed (Pokhari) Tq. And District Jalna up to 31st August, 2011. They shall furnish their changed addressed to the Investigator and also attend at last Sunday of every month to such nearby police station of changed address. 8) So far as the accused/applicants Raosaheb Uttam Tayade and – Samadhan Amruta Tayade, are concerned, their application is rejected. 9) The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/