( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 162 OF 2010 IN CRIMINAL APPEAL NO. 18 OF 2010 1. Madhav s/o. Maroti Dornale .. Applicants Age. 59 years, Occ. Agri. 2. Dwarka d/o. Maroti Dornale Age. 43 years, Occ. Agri., 3. Ram @ Balaji s/o. Kachru Holgir Age. 28 years, Occ. Agri., 4. Madhav s/o. Sambha Bhise Age. 28 years, Occ. Agri., 5. Vithal Kachru Holgir Age. 26 years, Occ. Agri., 6. Vyankat s/o. Moroti Dornale Age. 33 years, Occ. Agri., All R/o. Dabade Shirur, Tq. Mukhed, Dist. Nanded. Versus The State of Maharashtra .. Respondent Shri H.V. Patil, Advocate for the applicants. Shri K.M. Suryawanshi, A.P.P. for respondent/State. CORAM : P.R. BORKAR,J. DATED : 18.01.2010 ( 2 ) P.C. :- 1. Adv. Shri H.V. Patil is present for the applicants. Notice for respondent/State is waived by A.P.P. Shri K.M. Suryawanshi. 2. Heard both sides. The applicants are convicted of offence punishable under section 323 read with section 149 of the I.P.C. and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- and the applicants are also convicted of offence punishable under section 316 read with section 149 of the I.P.C. and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 2000/-. 3. The learned advocate for the applicants pointed out to me a copy of complaint which is placed on record. The copy is taken on record and marked “X” for identification. Therein, it is stated that the main incident was between the accused and the complainant and male members of his family. The ladies intervened for rescue of male members and at that time where were injuries with sticks. My attention was also ( 3 ) drawn to para 13 of the Trial Court judgment in which it is observed that P.W.9 Gangabai stated that though her father- in-law and brother-in-law were admitted in the hospital at Mukhed, she was at house. She also stated that she had gone to police station but she did not get herself checked in the hospital as there was no such pain as a result of beating. 4. Considering the circumstances of the case it is directed that pending the appeal each of the applicants be released on bail of Rs. 15,000/- (Rupees Fifteen Thousand Only) with one surety in like amount. 5. The Criminal Application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2010/JAN10/cra162.10