(1) CRI. APLN. 5145.2010+3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5145 OF 2010 Ashok S/o Pandurang Upalkar Age : 26 years, Occu.: Business, R/o. Maktapur, Tal. Newasa, District Ahmednagar Applicant VERSUS The State of Maharashtra Respondent WITH CRIMINAL APPLICATION NO.5149 OF 2010 Sunil S/o Ramlal Upalkar, Age : 22 years, Occu.: Business R/o Mukindpur, Tal. Newasa, District Ahmednagar Applicant VERSUS The State of Maharashtra Through Incharge Police Station, Newasa, Dist. Ahmednagar Respondent WITH CRIMINAL APPLICATION NO.5073 OF 2010 Krishna S/o Punamsingh Pardeshi Age : 18 years, Occu.: Education R/o Newasa, Tal. Newasa, Dist. Ahmednagar Applicant VERSUS The State of Maharashtra Through Incharge Police Station, Newasa, Dist. Ahmednagar Respondent (2) CRI. APLN. 5145.2010+3 AND CRIMINAL APPLICATION NO.5075 OF 2010 Anna @ Sunil Chimaji Lashkare, Age : 27 years, Occu.: Social work and Member of Panchayat Samiti, R/o Lakshminagar, Newasa, Tal. Newasa, Dist. Ahmednagar Applicant VERSUS The State of Maharashtra Through Incharge Police Station, Newasa, Dist. Ahmednagar Respondent ..... Mrs. Sadhana S. Jadhav, Advocate for the Applicant in Cri. Appln. no. 5145.2010 Mr. V.D. Sapkal, Advocate for the Applicants in Cri. Appln. nos. 5149.2010, 5073.2010 and 5075.2010. Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 15TH DECEMBER, 2010 ORAL ORDER:- 1. These are Applications for bail. 2. The alleged incident occurred on 18.8.2010 at about 10.00-11.00 am. in the area of Newasa Phata. One dumper vehicle loaded with sand was intercepted while three other vehicles were speeded away towards Ahmednagar. The Officials of the Tahsil office informed the Police and therefore, the Police party (3) CRI. APLN. 5145.2010+3 reached the place. At the relevant time, as many as 37 identified culprits alongwith some other persons, offered resistance, while the dumper vehicle was being taken towards the Tahsil Office. They started threatening the Officials of the Tahsil office and when the dumper vehicle was driven ahead of a local college at Newasa, undaunted by the resistance of the culprits, all of a sudden the accused persons started pelting stones and obstructed the vehicle on the road. The Police party members reached the place. The accused persons obstructed the jeep vehicle too. Due to the pelting of stones the windscreens of the vehicle were broken. It is alleged that applicant Ashok Upalkar took out his revolver (pistol) and fired a gunshot in the direction of the Tahsildar with a view to cause his death. 3. Having heard learned Advocates for the applicants and learned A.P.P. and on perusal of the investigation papers, it is manifestly clear that the incident is offshoot of the attempt to forcibly obstruct the members of Police party and the staff members of the Tahsil Office to take away the dumper (4) CRI. APLN. 5145.2010+3 loaded with sand. The sand mafias in the area have become so arrogant and adamant that even in the broad day light such kind of resistance was offered when the Government Officials were engaged in performing their duty. The offence is of serious nature. 4. So far as applicant Sunil is concerned, his name does not appear in the FIR. The applicants Krishna and Anna alias Sunil are named in the FIR but only as members of the group which indulged in pelting of the stones. The incident came to an end only when the Police Officer fired a gunshot in order to dispel the unruly mob. 5. Considering the role attributed to the applicants, I have no hesitation in holding that there is a strong prima facie case made out against applicant Ashok Upalkar. It is pointed out that he has sustained certain injuries during the course of alleged beating. However, it was sequel to the incident and probably the injuries could have been caused while overpowering him. The fact that he had received some injuries will not enure to his benefit. On the contrary, it appears that he was involved in (5) CRI. APLN. 5145.2010+3 the incident and was present at the relevant time and was armed with a revolver (pistol). He attempted to terrorise the staff members of the Tahsil Office and the Police party by using a firearm. Such conduct of applicant Ashok Upalkar is not only reprehensible but prima facie would dis-entitle him from claiming liberty. His presence outside the prison may influence the witnesses and therefore, his Application will have to be dismissed. 6. Considering the role attributed to other three applicants, it would suffice if certain conditions are put while releasing them on bail. 7. Considering the foregoing reasons, the Application filed by Ashok Upalkar (Criminal Application no. 5145 of 2010) stands dismissed. The other three Applications are allowed and the applicants of these three Applications are directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs.Twenty Thousand) each with a solvent surety bond each in the like sum, to the satisfaction of the Court of Sessions and on further condition that they will not enter Newasa town until (6) CRI. APLN. 5145.2010+3 trial is completed and will not contact any of the prosecution witnesses. They shall furnish such an undertaking alongwith the bail bonds before the Court of Sessions. 8. The observations made against Ashok Upalkar are prima facie and restricted to the order on the Bail Application. Sd/- [V. R. KINGAONKAR, J.] arp