{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3729 OF 2009 1. Pramod Jagannath Shah Age-64 years, Occ-Agriculturist 2. Ajay Vijay @ Bapu Mahale Age-19 years, Occ-Education 3. Rahul Vijay @ Bapu Mahale Age-21 years, Occ-Education 4. Mahendra Tukaram Suryawanshi Age-38 years, Occ-Service 5. Ishwar Raman Sonar (Sonawane) Age-52 years, Occ-Business 6. Laxmikant Virendralal Shah Age-42 years, Occ-Business 7. Chandulal Vasant Jadhav Age-47 yeaars, Occ-Business All R/o Nizampur, Tq-Sakir Dist-Dhule APPLICANTS VERSUS 1. The State of Maharashtra 2. The Deputy Superintendent of Police Dhule, Tq & Dist-Dhule RESPONDENTS ....... Mr.R.N.Dhorde h/f Mr.P.S.Dighe, for applicant {2} Ms.Yogita M.Kshirsagar, APP for respondents / State ....... [CORAM : A.V.POTDAR, J.] DATE : 4th November 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.144/2009 registered with Nizampur Police Station on 14.10.2009 u/s 395, 143, 147, 148, 452, 324, 323, 504, 506 and 427 of the Indian Penal Code. 2. Heard Mr.Dhorde, learned counsel for the applicants followed by the arguments of learned APP appearing for the State. 3. Brief facts of the case can be summarized thus- On 13.10.2009, polling for assembly elections took place in the entire state of Maharashtra, likewise, at Nizampur, Tq- Sakri, Dist-Dhule also. The applicants claim that they belong to Congress (I) party whereas the complainant in CR No.144/2009 and his associates claim that they belonog to Shiv Sena party. There was hot contest during the said elections and it is alleged that some personification and malpractice took place during the polling, which was opposed by the applicants and due to said opposition threats were extended by the complainant and his {3} associates to the applicants. It appears that in that evening, in furtherance of the threats, the complainant and his associates attacked the residential premises of one Sharad, who is also arrayed as accused in CR No.144/2009 and the mob tried to molest wife of said Sharad. Thereafter, it appears that, the mob went to the house of one Laxmikant Shah, who is applicant No.6 in this application. Due to said incident an offence came to be registered against the compliant in CR No.144/2009 and his associates, at CR No.143/2009 in the night of 13.10.2009 on 9.45 p.m. with Nizampur police station. It appears that, thereafter, the present complaint came to be lodged on the next day, which came to be registered at CR No.144/2009. 4. During the course of submissions, my attention is drawn towards earlier complaint lodged against the complainant and his associates on the eve of elections of 2003. Thereafter, my attention is drawn towards the allegations made against the present applicants in CR No.144/2009. It is urged that the FIR does not disclose any role played by the present applicants and merely to attract the offence u/s 395, an allegation is made that a golden chain of the complainant is snatched by the accused. However, this act is not attributed to the present applicants. In the premise it is urged that as the offence is registered due to political rivalry and just to give counter blast to the compliant at CR No. 143/2009, and hence it is prayed that the applicants be released on anticipatory bail. {4} 5. Learned APP opposed this application on the ground that one accused Pramod is yet to be arrested and the golden chain alleged to be snatched, is yet to be recovered. 6. Careful perusal of the complaint at CR No.144/2009 does not disclose any role played by the present applicants during the alleged incident. Secondly, it also can be seen that the complainant is shown as accused in the complaint lodged at CR No.43/2009 on the earlier day. In the premise, prima facie, it appears that the names of these applicants are arrayed as accused due to political rivalry and hence, in my opinion, this is a fit case that this Court to use discretionary power to release the applicants on anticipatory bail for a limited period. 7. It is hereby clarified that these observations are prima facie observations and the trial court need not be influenced by the same while deciding the regular bail application, if preferred by the applicants. 8. In the result, the application deserves to be allowed with the following order- ORDER a) In the event of arrest of the applicants in connection with CR No.144/2009 registered with Nizampur police station, they be released on bail on furnishing surety {5} in the sum of Rs.10,000/- each and on executing a PR bond in the like amount. b) This order to remain in force for a period of 6 weeks and during that period the applicants may obtain/apply for regular bail if they so desire. c) The applicants are directed not to tamper with the prosecution witnesses and to attend the Nizampur Police station on each Wednesday and Friday between 3.00 and 5.00 p.m. till they move regular bail application before appropriate court. d) Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3729-09