1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4519 OF 2009 1. Navnath S/o. Pandurang Dahatonde, Age-25 years, Occu-Agriculturist, 2. Shivaji S/o.Kisan Doke, Age-45 years, Occu-Labour, Both are R/o.Salewadgaon, Tq.Ashti, District : Beed APPLICANTS VERSUS The State of Maharashtra, Through Police Inspector, Ambhora, Tq.Ashti, Dist. Beed RESPONDENT Mr.S.S.Thombre, learned counsel for applicants. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 151/2009, registered in Ambhora Police Station, Tq.Ashti, in an offence punishable u/s. 147, 149, 324, 435, 504 and 504 of IPC and u/s.3(2)(iv) of SC & ST (Prevention of Atrocities) Act. 2 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out. 3. Considering the submissions across the bar, papers of investigation discloses that the alleged offence came to be registered against the present applicants and 14 others on the complaint of one Ajit, about the incident occurred on 06/12/2009. Perusal of the complaint as well as the statement of witnesses demonstrate so far as the offence under The Atrocities Act, there are sweeping allegations against these applicants and others. So far as specific allegations about the role played by these applicants that the 2nd applicant assaulted the complainant and on the instigation of first applicant, the other persons set the hut of complainant on fire. Even though the offence was registered against the 16 persons, other than these 2 applicants, all were released on bail. 4. As usual, the application is opposed by learned APP appearing for state. 5. On the ground of parity, as the remaining accused are already released on bail, and so far as the role played by these applicants is concerned, statement of material witnesses were recorded. These applicants are in custody since 08/12/2009. In the premise, as the statement of the material witnesses are recorded, these applicants can be released on bail on putting certain conditions on them. In the 3 premise, the application deserves following order : O R D E R 1. Application is allowed. 2. The applicants be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. After released on bail, the applicants not to enter in village Salewadgaon, Tq.Ashti, till filing of the charge sheet. After filing of the charge sheet, the applicants may apply for relaxation of this condition. 4. Application stands disposed of in above terms. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4519-09