1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1654 OF 2009 1. Sayed Abdul Rashid s/o. Syed Amir, Age 55 yrs., Occu. Business, R/o. Indiranagar, Baijipura, Galli No. 18, Aurangabad. 2. Mohd. Irfanoddin s/o. Mohd. Rayazuddin, Age 42 yrs., Occu. Business, R/o. Manzoorpura, Aurangabad. ....Applicants. Versus 1. The State of Maharashtra 2. The Commissioner of Police, Aurangabad. ....Respondents. Mrs. Varsha Ghanekar h/f. Shri. N.S. Ghanekar, Advocate for applicants. Mr. N.H. Borade, A.P.P. for respondents. WITH CRIMINAL APPLICATION NO. 1601 OF 2009 Hussain Khan s/o. Aliyar Khan, Age 42 yrs., Occu. Business, R/o. H. No. 887, Cantonment, Aurangabad,Dist. Aurangabad. ......Applicant. Versus 2 1. The State of Maharashtra 2. The Commissioner of Police, Aurangabad. ....Respondents. Mrs. Varsha Ghanekar h/f. Shri. N.S. Ghanekar, Advocate for applicants. Mr. N.H. Borade, A.P.P. for respondents. WITH CRIMINAL APPLICATION NO. 1609 OF 2009 Abdul Rasheed s/o. Abdul Kareem Qureshi, Age 42 yrs., Occu. Business, R/o. Nutan Colony, Bada Takiya, Aurangabad. ......Applicant. Versus The State of Maharashtra ........Respondent. Shri. Shaikh Ashpak Taher Patel, Advocate for applicant. Shri. N.H. Borade, A.P.P. for respondent. CORAM: V.R.KINGAONKAR, J. DATED: 25th August, 2010. PER COURT : 1. These are applications for anticipatory bail under section 438 of Cr. P. C. 3 2. On 12th of April 2009 at about 1.00 p.m. 6-7 young persons went to the place of a programme organized by the complainant. They started clicking some photographs. The complainant and his father-in-law objected their such acts. All of a sudden, those persons and some other persons who were present in the pendal rushed towards the complainant and his father-in-law. They pelted stones and thereafter the mob went berserk. The members of the mob set on fire nearby Kirana shop and the houses. They also set ablaze vehicles which were parked in the nearby place. The complainant was injured due to the pelting of stones and beating by means of sticks. 3. Having heard learned counsel for the applicants and learned A.P.P. and on going through the investigation papers, it appears that presence of applicant Hussain Khan at the place of incident is stated by the witnesses. It also appears that presence of the applicant Abdul Rashid is indicated by witness Shariyoddin Usman Shah. However, no overtacts are attributed to the applicant Abdul Rashid. It is only stated that he has attended the function, though was not invited. There appears involvement of the applicant Hussain Khan in the incident of pelting stones and arson. However, there is no prima facie material to implicate the other applicants including the applicants Sayed Abdul Rashid and Mohd. Irfanoddin. 4 4. In view of forgoing discussion, the Criminal Application No. 1654/2009 and Criminal Application No. 1609/2009 are allowed. The interim protection granted to them is confirmed and the applications be deemed as allowed in terms of the interim orders which are continued till filing of the charge-sheet. The protection so granted will automatically be deemed as withdrawn on filing of the charge-sheet and the applicants of above two applications will be at liberty to file applications for regular bail. They shall surrender before the Court of Sessions after the filing of charge-sheet, prior to filing of the regular bail applications. Cri. Appl. No. 1601/2009 is however rejected. [ V.R.KINGAONKAR, J.] ssc/ca1654.09