1 CR.APL NO.1162/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 2. APPLN/1162/2011 SUBHASH RUSHINDAR KAYANDE [Criminal] AND ORS V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.Joydeep Chatterji, Adv., for the applicant. Mr.K.M.Suryavanshi, APP for State. Mr.D.B.Bhange, Adv., for R.2. ... CORAM: K.U.CHANDIWAL, J. DATE:26/4/2011 1. Heard. On instructions, Shri Chatterji withdraws application for applicant No.1 Subhash Rushindar Kayande, No.2 Parameshwar Sakharam Kayande, and No.3 Sakharam Rushindar Kayande. Permitted. Time to surrender extended till 4th May, 2011. 2. So far as applicant nos. 4 to 8 are concerned, the FIR itself does not illustrate of infraction to the provisions in terms of Section 3(1)(x) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989, as the role principally is attributed to accused nos. 1 to 3 ( Subhash, Parameshwar and Sakharam). 2 CR.APL NO.1162/2011 3. The prelude to the events of 17.2.2011 flows to so called extortion from the side of the complainant and his colleagues, for which prosecution is initiated in terms of FIR No. 73/2011, dt.6th Feb.,2011. 4. Mr.Bhange, learned Counsel for respondent/complainant submits, though the events dt.17.2.2011 were informed to the Police in time, however, they did not venture to register the offense. On the contrary, a named Police Officer threatened to initiate proceedings of extortion. 5. At this stage of the matter, considering above features of the events, custodial interrogation of the applicant nos. 4 to 8 referred above is not imperative. They are also not residing in the village Rammurti even though their agricultural field is abutting to the field of the complainant or his family members. Hence order: ORDER (a) The accused/applicant nos. 4 to 8 ( No.4 Badri Daulatrao Kayande, No.5 3 CR.APL NO.1162/2011 Deepak Haribhau Kayande, No.6 Bhagwan Daulatrao Kayande, No.7 Ramkishan Karbhari Borude and No.8 Bhausaheb Sheshrao Darade) in the event of arrest in Crime No.72/2011,registered at Taluka Jalna Police Station, dist. Jalna, be released on individually furnishing P.R. bond and surety in the sum of Rs.5,000/- ( Rs. five thousand), each. (b) The accused/applicants shall not enter village Rammurti till filing of the chargesheet. (c) The accused/applicants shall desist from causing any threat to the complainant and persons of his group. Application partly allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/1162-11crapl