{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2098 OF 2010 WITH CRIMINAL APPLICATION NO.2173 OF 2010 WITH CRIMINAL APPLICATION NO.2161 OF 2010 -X-X-X- CRIMINAL APPLICATION NO.2098 OF 2010 Jayant s/o Mahesh Patil Age-23 years, Occ-Education R/o Amalner, JDCC Colony, Amalner, Dist-Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.R.S.Shinde h/f Mr.N.L.Chaudhari, Advocate for the applicant Mr.P.P.More, APP for respondent State ....... CRIMINAL APPLICATION NO.2173 OF 2010 Narendra s/o Bhimrao Mahajan Age-35 years, Occ-Agri & Photogrpher R/o AmalnerShriram Colony, Tq-Amalner, Dist-Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... {2} Mr.R.S.Shinde, Advocate for the applicant Mr.P.P.More, APP for respondent State ....... CRIMINAL APPLICATION NO.2161 OF 2010 1. Nilesh s/o Padmakar Bhandarkar Age-36 years, Occ-Business R/o Amalner, Gurukrupa Colony, Tq-Amalner, Dist-Jalgaon 2. Sachin s/o Rohidas Bhosale Age-25 years, Occ-Labourer R/o Amalner, Near Durga Hospital Tq-Amalner, Dist-Jalgaon 3. Deepak s/o Santosh Birhade Age-20 years, Occ-Education R/o Amalner, Near Durga Hospital Tq-Amalner, Dist-Jalgaon 4. Ritesh s/o Arun Borse Age-22 years, Occ-Education R/o Amalner, Hanuman Nagar Tq-Amalner, Dist-Jalgaon 5. Jayant s/o Mahesh Patil DELETED 6. Shenpadu Harchand Bhoi Age-62 years, Occ-Agri R/o Amalner, Pailad, Tq-Amalner, Dist0Jalgaon 7. Sandeep s/o Sadashiv Javare Age-35 years, Occ-Business R/o Dharangaon, Tq-Amalner Dist-Jalgoan 8. Narendra Bhimrao Mahajan, DELETED {3} 9. Kiran s/o Bhalerao Pawar Age-32 years, Occ-Labourer R/o Mathgavan, Tq-Amalner, Dist-Jalgaon APPLICANTS VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Jalgaon 3. The Police Station Incharge Amalner Police Station, Taluka-Amalner, Dist-Jalgoan RESPONDENTS ....... Mr.N.K.Kakade h/f Mr.A.N.Kakade, Advocate for the applicants Mr.P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 18th June 2010 PER COURT: 1. All these three applications arise out of Crime No. 129/2010 registered with Amalner Police Station, Dist-Jalgaon and hence all these application are being disposed of by this common order. 2. The said offence is registered against the applicants for an offence punishable u/s 143 to 149, 294, 435, 436, 323, 324, 332, 337, 186, 427 of the Indian Penal Code with section 3 (2) of {4} the Prevention of Damage to Public Property and section 37 (1) (3) of the Bombay Police Act. 3. Heard learned counsel for respective applicants followed by learned APP. 4. Perusal of the complaint discloses that on 19th May 2010 at about 7 p.m. a communal riot took place at Amalner. It is alleged that one Muslim shop owner had slapped an old Hindu lady and when the said news spread in the area, a mob gathered and commotion started near Sheetal collection. It is further alleged that on receipt of information, police party went at the spot and noticed that the old lady was sat on a platform of the house and the mob was asking custody of the person who had slapped her. From the allegations in the compliant it also appears that when the police refused to hand over the custody of the said person to the mob, the mob started pelting stones not only on police vehicles but also on the shops and vehicles, which were parked on the road, which caused damage to the public property. Thus, on the compliant of Police Inspector, the applicants and number of other unknown persons came to be arrested on 20th and 21st May 2010. 5. It appears that during the lathicharge and firing on the mob by the police, three persons were injured and one expired. 6. Admittedly, the applicants are behind the bars since {5} 30 days as initially they were in police custody and subsequently they are remanded to Magisterial Custody. On perusal of the papers of investigation it is clear that individual role of each applicant is not described in the same. Considering this aspect and in view of the fact that now the atmosphere must have been calmed down coupled with the fact that the applicants are behind bar for a considerable period, this is proper time to release them on bail. 7. In the result, all the three applications are allowed. All the applicants be released on bail in connection with CR No. 129/2010 registered with Amalner Police Station, Dist-Jalgaon, on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. Applicants are directed to cooperate with the investigating agency and not to leave the local jurisdiction of Amalner police station, without previous permission of the concerned IO. Accordingly, all the applications stand disposed of. [A.V.POTDAR, J.] drp/B10/criapln2098-10