1 CR.APP.NO.1810/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1810 OF 2009. 1. Tanaji Govindrao Patil. 2. Udhav Govindrao Patil. 3. Ramesh Uddhavrao Patil. 4. Bhaskar Tanaji Patil. 5. Pramod Shivaji Patil. ...Applicants. Versus The State of Maharashtra ...Respondent. ... Mr.U.B.Bondar, Advocate for the applicants. Mr.N.H.Borade, APP for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 29th June, 2009. COURT'S ORDER: 1. The applicants are seeking anticipatory bail in Crime No.67 /2009, dated 16th May, 2009 registered with Mukhed Police Station, Dist.Nanded. 2. The applicants and others are accused of 2 CR.APP.NO.1810/2009. committing offence of rioting and causing grievous hurt with deadly weapons, punishable under Sections 143, 147, 148, 149,326, 504, 506 of the Indian Penal Code. 3. The incident is of 16th May, 2009 at about 05.00 p.m. The record shows that due to Loaksabha Election results, two political rival groups clashed resulting into injured persons of both the sides and two complainants filed in the police station. The present applicants also lodged a complaint against the complainant's party in this case. The applicants, it is alleged caused grievous injury on left hand of the complainant. When I perused the medical certificate, I find that the Medical Officer without giving reasons mentioned that one of the injuries sustained by the complainant was grievous. He simply stated that there was a blunt trauma on the left hand of the complainant and he mentioned that the injury was grievous without mentioning that fracture was detected. There was no supporting radiological finding on record. Medical certificate thus is not reliable piece of evidence. It appears that the prosecution in order to make the case stronger against the applicants, inserted the allegations that the applicants caused grievous injury to the complainant. On the other hand, I am told that 3 CR.APP.NO.1810/2009. complainant's group were charged for committing offences of rioting and causing simple injuries. I am told that immediately after the incident they were arrested and were released on bail at the police station. It is apparent that the police treated these two groups differently. It is also clear that there is possibility of political rivalry behind the exaggerated accusation against the applications. If the members of the other group were arrested and were immediately released on bail, the same treatment should be meted out to the present applicants. The applicants, therefore, are entitled to anticipatory bail. Application is allowed. i) In the event of their arrest in this case, the applicants shall be released on bail of Rs.5,000/- (Rs.Five Thousand only) each, with one surety in the like amount, each. (A.V.NIRGUDE,J.) lkp.