1appln-3383-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3383 of 2010 (ANTICIPATORY BAIL) Nagnath Tukaram Chavan and anr .. Applicants. versus The State of Maharashtra .. ..Respondent. Mr Anilkumar Patil, for the Applicants. Mr Y. M. Nakhawa, A.P.P. for the State. ____ CORAM:- A.R. JOSHI, J. DATE :- 10th AUGUST, 2010. P.C.:- 1. Heard rival submissions on this application for anticipatory bail preferred by the two applicants apprehending their arrest in C.R. No.103/2010 registered with Vairag Police Station, District Sholapur for 2appln-3383-10 the offence punishable under Sections 395, 452, 325, 295 and offences of rioting armed with weapons. 2. Initially, there was a fight amongst ladies group. However, there was intervention the complainant and his wife to pacify the situation which has arisen over the dispute of some drainage water entering the nearby houses. Complainant and his wife intervened in the said fight. However, they were obstructed and also assaulted by the other co-accused who were armed with certain weapons and iron bars. Present applicants also some of the associates, the co-accused were allegedly holding the sticks. Applicants took active part in the assault on the other side members. Reportedly, there are counter cases filed by the rival party against the members of each other. In the present C.R.No.103/2010 there are total 12 accused, out of them five are released on bail and few others are still in custody. However, present two applicants are evading arrest. In the counter cases, there are about 14 accused and out of them three are on bail and others in custody. 3. Considering the allegations against the applicants and considering the role attributed to them, it would not be in the fitness of situation to grant discretionary relief of pre-arrest bail. However, they 3appln-3383-10 can be directed to surrender before the concerned Court and ask for regular bail and in the mean time they can be protected from arrest. In the result, the following order. ORDER. (i) The applicants are protected in C.R. No. 103/2010 registered with Vairag Police Station, District Sholapur to surrender before the concerned Court and ask for regular bail within ten days from today and apply for regular bail. In the mean time, both the applicants are protected from their arrest. (ii) Learned Court who will be seized of the bail application shall deal with the said application on its own merits without being influenced by any observations made in this order. (iii) Application is disposed of in terms of this order. (A.R.JOSHI,J) LRS-PA