1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2624/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.Madhaveshwari Thube-Mhase, Advocate for Applicants; Mr.KM Suryawanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 4th August, 2009. ... 1) Heard learned Counsel for the applicant and learned APP for State. 2) In a family feud on the agricultural property, the rift between the family members had reached to extremity. There were complaints and cross-complaints of assault and sort of carnage is crept between the parties. The role attributed to the applicants - Annasaheb s/o Digambar Gunjal; Sandip s/o Annasaheb Gunjal; and Bhausaheb s/o Gangadhar Dongre, as indicated in the report lodged by the victim before the police authorities. So far as applicants - Mirabai w/o Annasaheb Gunjal; Mangalbai w/o Prakash Gunjal; Kalyabai w/o Digambar Gunjal; Sulyabai w/o Bhausaheb Dongre; and Anita w/o Lahanu Gunjal are concerned, though their names are displayed in the FIR, however, if same is to be taken in consonance to the 2 injury certificate, the role is minimal and more lean to implicate them. These applicants have no criminal record, they will be making themselves available to the Investigator whenever so desired. 3) In the FIR, the victim has indicted the first three applicants, namely, Annasaheb s/o Digambar Gunjal; Sandip s/o Annasaheb Gunjal; and Bhausaheb s/o Gangadhar Dongre, with their specific role. The events are witnessed by three persons, who have also pointed to the role played by these three applicants. The recovery of the instrument/weapon used in the commission of offence is also required. Though I find that the injury to Rangnath, Sunderabai, Pushpa and Dhananjaya are CLW, but are caused by sharp weapon and they were found to be prima facie simple. However, for that purpose, the accused will not be eligible for pre-arrest bail. Hence, order : i) The Criminal Application in so far as it relates to applicants/accused 1) Annasaheb s/o Digambar Gunjal; 2) Sandip s/o Annasaheb Gunjal; and 3) Bhausaheb s/o Gangadhar Dongre, is rejected. ii) The application of applicants - Mirabai w/o Annasaheb Gunjal; Mangalbai w/o Prakash Gunjal; Kalyabai w/o Digambar Gunjal; Sulyabai w/o Bhausaheb Dongre; and Anita w/o Lahanu Gunjal is allowed. In the event of their arrest, each of these 3 applicants/accused to be released on their individually furnishing PR bond and surety in the sum of Rs.5,000/- (Rupees five thousand). iii) The applicants/accused shall not leave the limits of Aurangabad district for a period of one year. iv) This order to remain in force for a period of fifteen days after filing of the charge sheet or surrendering the applicants/accused. ( K.U.CHANDIWAL ) JUDGE bdv/cran2657.09