MP 1 ABA769_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 769 OF 2011 1. Shri Sahadev Krishna Patil 2. Shri Bandopant Balku Shinde 3. Shri Vishnu Vaiju Patil 4. Shri Mahadeo Ganapati Gavali 5. Shri Ankush Gundu Patil 6. Shri Jakkoba Gavadu Patil 7. Shri Salim Umar Beg 8. Shri Shankar Ganapati Dalvi 9. Shri Hanmat Subrao Patil 10. Shri Shankar Yallappa Patil 11. Shri Ningappa Nagapp Pujari 12. Shri Shankar Tanba Tudiyekar 13. Shri Arjun Mahadev Kumbhar 14. Shri Krishnarao Vithoba Nesarkar 15. Shri Arjun Tukaram Melage 16. Shri Ramling Maryappa Patil 17. Shri Jaywant Vishnu Chandekar 18. Shri Jaywant Dhondiba Patil 19. Shri Manohar Laxman Hosurkar 20. Shri Maryappa Rama Madulkar 21. Shri Vishnu Gopal Kadolkar 22. Shri Janba Pomji Pednekar 23. Shri Irappa Pandu Belgaonkar 24. Shri Narayan Simana Patil 25. Shri Sanjay Appaji Patil 26. Shri Suresh Babaji Kadate 27. Shri Rambhau Virappa Patil ... Applicants Versus State of Maharashtra ... Respondent CORAM : J. H. BHATIA, J. DATE : 16TH SEPTEMBER 2011 Mr. Shirish Gupte, Senior Counsel a/w. Ms. Racheela Dhru, Advocate i/b. Mr. Chetan G. Patil for the Applicant. Smt. G. P. Mulekar, APP for the State. P. C. : Heard. MP 2 ABA769_11 2. The applicants seek anticipatory bail in Crime No. 52 of 2011 registered with Chandgad Police Station, District-Kolhapur for the offences punishable under Sections 395, 342, 353, 332, 333 and 427 of the Indian Penal Code. 3. From the F.I.R. it appears that Daulat Sahakari Sakhar Karkhana Limited (sugar factory) had secured some loan from Kolhapur District Central Co- operative Bank Limited (“said Co-operative Bank” for short) and on 24th August 2011, some staff members of the said Co-operative Bank went to the said sugar factory for the attachment of property and for the recovery of loan amount pursuance to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. At that time, the guard of the said sugar factory resisted them and also raised an alarm, due to which, the large number of workers of the said sugar factory assembled there and assaulted the staff of the said Co-operative Bank wherein a large number of staff members of the said Co-operative Bank were injured. Cameras, vehicles and some other properties of the said staff members were damaged. Somebody from the mob had forcibly taken some cash and mobile handset from the staff of the said Co- operative Bank. On that basis, the offence came to be registered on the report lodged by one Digambar Shripati Kalekar. 4. According to the accused, a counter Case No. 53 of 2011 for almost similar offences was registered on the report lodged by one Dyanba Pomji Pednekar who was a watchman of the said sugar factory, and in that case, the staff members of the said Co-operative Bank were made accused. 5. The learned APP, on instructions, makes a statement that one I. Munshi who was an employee of the said Co-operative Bank had suffered a fracture of right clavicle, which was the only grievous hurt. Several other persons have suffered injuries which are of simple nature. She also concedes that from the rival group also large number of persons have suffered injuries but they are also of simple nature. Taking into consideration the facts of the case, neither the custodial interrogation is required nor any recovery is to be made. MP 3 ABA769_11 6. Therefore, in the event of arrest in the Crime No. 52 of 2011, the applicants shall be released on their executing P.R. of Rs. 10,000/- each with one surety in like amount with condition that they shall make themselves available to the police for the purpose of interrogation, as and when required. Application stands disposed of. (J. H. BHATIA, J)