dik 1 ABA.1038.2011 & 1039.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE – CRIMINAL CRIMINAL APPLICATION NO. 1038 OF 2011 ( For Anticipatory Bail ) Vilas Bhupal Nehare & Ors ...Applicants (Orig. Accused) vs The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO. 1039 OF 2011 Kamanna Biru Dhangar ...Applicant vs The State of Maharashtra ... Respondent Mr. Avinash Kamkhedkar, Advocate for the Applicants in Cr.A.No. 1038/2011 Smt. S.V.Sonawane, APP for respondent in Cr.A.No.1038/2011 Mr. Prakash Naik, Advocate for the Aapplicant in Cr.A.No.1039/2011 Mrs. P.P. Bhosale, APP for respondent in Cr. A.No. 1039/2011 CORAM: R. C. CHAVAN, J. DATED: 21st December,2011 P. C: These are two applications for anticipatory bail by twenty dik 2 ABA.1038.2011 & 1039.2011 seven and one accused persons out of 53 accused persons against whom offences of rioting etc. have been registered. I have heard learned counsel for the applicants in both the cases as well as learned A.P.P’s. 2. Though all the applicants have been named as participants in the rioting and assault on victims, actual role is attributed among others to applicant No.17 Raigonda Sidhu Pujari and applicant No.23 Satish P. Pujari in Criminal Application No.1038 of 2011. Some twenty two accused persons have been arrested and bailed out. Learned A.P.P.’s appearing in these two applicants having strong objections to anticipatory bail being granted since according to them those who were bailed out by the Trial Court took out procession and created law and order situation. They also state that 300 policemen had to be posted in the village to maintain peace. Therefore, if applicants are being admitted to anticipatory bail, they will create tense situation. They also state that the loss caused to the property is to the tune of Rs.12,85,000/-. 3. Learned counsel for the applicants point out that the loss caused, according to F.I.R., is Rs.5,15,000/-. Applicants state that applicants have no role in this loss. However to show their bona-fide, they would deposit sum of Rs.10,000/- each, without prejudice to their dik 3 ABA.1038.2011 & 1039.2011 defences and rights, before Trial Magistrate within two weeks. In view of this and particularly since specific role is not attributed to the applicants, their presence in custody for the purpose of investigation may not be necessary. Criminal Application No.1038/2011 is allowed except in so far as it relates to applicant No.17 Raigonda Pujari and applicant No.23 Satish P. Pujari in Cra. A. No.1038/2011. Their prayer for anticipatory bail is rejected. 4. Criminal Application No.1039/2011 is allowed. 5. Applicants in both these applications would have been held entitled to anticipatory bail, in the event of their arrest be released on furnishing P.R. Bond in the sum of Rs.15,000/- each with one or more sureties in the sums aggregating to Rs.15,000/- on the condition that each of these applicants shall deposit sum of Rs.10,000/- with learned J.M.F.C. Ichalkaranji within period of two weeks, which amount J.M.F.C., Ichalkaranji shall invest in the State Bank of India and shall deal with the amount at the end of the trial as per the result of the trial. Applicants shall not reside within jurisdiction of Hupari Police Station for a period of one month after their release and inform Investigation Officer place where they propose to reside during this period. They shall report at dik 4 ABA.1038.2011 & 1039.2011 Hatkanangale Police Station on every Sunday between 9.00 a.m. to 11.00 a.m. till charge-sheet is filed. 6. So far as applicant in Criminal Application No.1039/2011 is concerned, who is Head-master of school. If not transferred from the school at Pattankodoli, he shall enter the village Pattankodoli only for attending school during the school hours. He shall also report to Hatkanangale Police Station on every Sunday between 9.00 a.m. to 11.00 a.m. till charge-sheet is filed. 7. Applications are disposed off accordingly. ( R. C. CHAVAN, J. )