1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3414/2009. (Anil s/o Dhondiba Shejul Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.UP Kale, Adv. h/for Mr. P.D Kale, Adv. for applicant; Mr.VD Godbharale, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 14 th October,2009. 1. Heard learned Counsel for the accused/applicant and learned APP. 2. Learned APP informs, considering the nature of accusations to be under Section 436 coupled with Section 149, there was an unlawful assembly in which the accused/applicant was a member and consequently, prearrest bail should not be entertained. 3. On going through the investigation papers, I find that barring the complainant, nobody has named the accused/applicant - Anil. The witnesses have stated that there was a mob of 20-25 persons in configuration, which had caused damage to the hut of the complainant, who was indulging in selling illicit and spurious liquor. 2 It is alleged by the villagers that due to supply/vending of such spurious liquor, Prabhakar Gaikwad succumbed at a railway line. No specific role is attributed to the applicant/accused, nothing is to be recovered from him. He resides at Aurangabad. However, the parameters for prearrest bail in favour of the accused/applicant need not necessarily be applied to the case of other accused/suspects as there is specific role to Ganesh Shejul, Bhikaji Shejul; Yoseph Shejul. Hence, order. 4. In the event of arrest of the accused/applicant – Anil s/o Dhondiba Shejul, he be released on his furnishing PR bond and surety in the sum of Rs. 5,000/- till charge sheet. 5. The applicant/accused to attend the Investigator on every Sunday between 5.00 to 7.00 p.m. 6. The accused/applicant shall not terrorize the complainant. 7. Criminal Application allowed in aforesaid terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran3414.09