1 Cri.Appln.No.1333/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1333/2011 ( Vijay Balasaheb Mohite 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. UB Bondar, Adv. for Applicants; Mr. KS Patil, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 8 th April, 2011. ... 1) Heard finally. 2) The seven applicants have requested for discretion in terms of Section 439 Cr.P.C. in Crime No.I-157/2010 registered at Karjat police station for the offences punishable under Sections 326, 324, 325, 143, 147, 148, 149, 452, 354, 323, 504, 506 of IPC; under Sections 37(1)(3) and 135 of Bombay Police Act; and Sections 3(1)(ii)(v) (vii) (x) (xi) of SC, ST Prevention of Atrocities Act, 1989; and Section 7(1)(d) of Protection of Civil Rights Act. 3) Earlier application, being Criminal Application No.5238/2010, of applicant no.2- Anil, applicant no.3 Nandkumar, applicant no.4 – Subhash, was rejected by order dated 14.1.2011. – 4) Another application, being Criminal Application No.755/2011, was moved by Bibhishan, Vilas and Laxman; and by order dated 15th March, 2011, they were directed to be released on bail on conditions. These three applicants were also the applicants facing rejection in order dated 14th January, 2011. 5) All the applicants are in custody from 10th September, 2010. Barring the present prosecution, there is no criminal record to their discredit. It is informed, 37 suspects are yet absconding, 15 persons were injured and a lady was stripped. 6) Charge sheet is already filed. Accused/applicants have to 2 Cri.Appln.No.1333/2011 attend their agricultural pursuits/operations, and nothing is to be recovered from them. Statement was made, that the applicants if released, shall not live in the village, however, shall live at city Karjat. 7) Revisiting the facts, I find that the accused/applicants deserve bail on conditions. 8) The accused/applicants Vijay s/o Balasaheb Mohite; Anil s/o – Nana Savant; Nandkumar s/o Mohan Malwadkar; Subhash s/o Baburao Malwadkar; Gopinath @ Babu s/o Bhau Gaikwad; Nana s/o Haribhau Savant; and Chattubhau s/o Sahebrao Malwadkar, be released on their furnishing PR bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand) each. 9) After their release, the applicants/accused, till further oder, shall stay at City Karjat and shall inform their changed address to the Investigator with contact number. 10) The applicants/accused shall not influence, coerce, intimidate the aggrieved party. 11) Criminal Application allowed to the extent as above. (K.U.CHANDIWAL) JUDGE bdv/