(1) CRI.APP. 4385.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4385 OF 2010 1. Bhavsing S/o Dedha Pawara, Age : Major, Occu.: Agri. 2. Bhavsing S/o Shankar Pawara, Age : Major, Occu.: Agri. Both R/o Lakadya Hanuman, Tq. Shirpur, District-Dhule .. Applicants VERSUS The State of Maharashtra, Through Police Station, Shirpur, Tq. Shirpur, Dist. Dhule (Copy to be served through the Office of the P.P. High Court, Bench at Aurangabad) .. Respondent ... Mr. S.P. Deshmukh, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 18TH NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for bail under section 439 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicants and learned APP. Perused the investigation papers. (2) CRI.APP. 4385.2010 3. The applicant no.1 appears to be the main culprit who fired in the direction of the injured victim. The learned Advocate seeks withdrawal of the Application to the extent of the applicant no.1 Bhavsing S/o Dedha Pawar. Therefore, the Application stands dismissed to the extent of the applicant no.1 Bhavsing S/o Dedha Pawar as withdrawn and sofar as the other applicant is concerned, it transpires from the recitals of the FIR that he was present alongwith the main accused i.e. accused no.1 Bhavsing in the group of persons who indulged in disturbing the peace and tranquility. It appears that there was a dispute regarding cultivation of the land and two groups were at logger heads. The dispute pertain to cultivation of forest land at Asrapani Pada. The applicant no. 2 is not ascribed any particular role in the course of the alleged assault on the victim i.e. Raysing Pawara. Applicant no.2 did not use the weapon i.e. gun during course of the incident. Under these circumstances, he is entitled to liberty. 4. In the result, the Application to the extent of the applicant no.2 Bhavsing Shankar Pawara is (3) CRI.APP. 4385.2010 allowed, who is directed to be released on furnishing on bail bonds in sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety bond in the like sum before the Court of Sessions. The Application of applicant no.1 Bhavsing Dedha Pawara is dismissed as withdrawn. Sd/- [V. R. KINGAONKAR, J.] arp