1 criapln2266-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2266 OF 2011 1] Mandabai Bhau Nimbhore 2] Rajubai Sampat Nimbhore 3] Ratnabai Bapu Nimbhore @ Sangeeta Balasaheb Diwate 4] Urmila @ Sharmila Madhukar Nimbhore 5] Nana Vikas Nimbhore 6] Gorakh Vikas Nimbhore 7] Bapu Rambhau Nimbhore .. APPLICANTS Vs The State of Maha. .. RESPONDENT ... Shri P.S.Shinde, Adv.for applicants. Shri B.J.Sonawane,APP for R-State. ... CRIMINAL APPLICATION NO.2368/2011 1] Suresh Bhau Nimbhore 2] Bhau Rambhau Nimbhore 3] Somnath Sambhaji Nimbhore 4] Bapu Balbhim Nimbhore 5] Deepak Sonyabapu Nimbhore 6] Devidas Baban Nimbhore 7] Dattatraya Baban Nimbhore 8] Sandeep Sampat Nimbhore 9] Madhukar Sampat Nimbhore 10] Ramesh Dinkar Nimbhore 11] Tatya Bapu Nimbhore 12] Baban Raosaheb Nimbhore .. APPLICANTS Vs The State of Maharashtra. ..RESPONDENT 2 criapln2266-11 ... Shri S.G.Shinde,Adv.for applicants. Shri B.J.Sonawane,APP for State. ... CRIMINAL APPLICATION NO.2338/2011 1] Dada Vitthal Barguje 2] Eknath Vitthal Barguje 3] Shivaji Vitthal Barguje 4] Bhausaheb Sopan Barguje 5] Subhash Ashru Barguje 6] Sachin Suresh Barguje 7] Sampat Tukaram Barguje 8] Vijay Uttam Barguje 9] Suresh Sadashiv Barguje 10] Ashok Dinkar Barguje 11] Jivan Subhash Barguje 12] Shivaji Bansi Choudhari 13] Anil Kachru Barguje 14] Gorakh Sanjay Barguje 15] Vishal Eknath Barguje 16] Sandip Eknath Barguje. .. APPLICANTS VS The State of Maharahstra. .. RESPONDENT ... Shri V.P.Latange,Adv.for applicants Shri B.J.Sonawane,APP for State. ... CORAM : T.V.NALAWADE,J. DATE : 14/07/2011 3 criapln2266-11 ORAL ORDER: 1] All the three applications are filed for anticipatory bail. First two applications are filed in Crime No.57/11 registered in Belwandi police station, Dist.Ahmednagar for offences punishable U/ss. 143, 147, 148, 149, 341, 337, 326, 324, 323, 504 and 506 of I.P.C. and the third application is filed for anticipatory bail in Crime No.58/11 registered in Belwandi police station, Dist.Ahmednagar for offences punishable U/ss. 143, 147, 148, 149, 337, 326, 324, 323, 504 and 506 of I.P.C. Papers of investigation were made available by A.P.P. Heard both sides. Report is given by police inspector who is investigating both cases. Report shows that at present there is peace in the village and the things are under control. The report also shows that as per the conditions imposed by this Court, applicants attended the concerned police station and all the weapons were produced before police and all the weapons are recovered. 2] It appears that there are 2 groups in the village. One group is of Bargoje and other group is of Bapu Nimbhore. The incident took place as the cutting of sugarcane from the field of Nimbhore was stopped by Bargoje who was working as Vice Chairman of sugar factory. As the sugar factory was not taking sugarcane even when it was ready for cutting, Nimbhore wanted to cut sugarcane and to make jaggery of it. Sugarcane was not taken even when it was ready, then jaggery was 4 criapln2266-11 prepared by Nimbhore from this sugarcane. Bargoje has contended that on 22/5/11, at about 11.30 a.m. he was obstructed near the house of Nimbhore by applicants from the 2 proceedings and he was assaulted. Some persons from his side were also assaulted. Weapons like sticks, iron bars were used and grievous injuries were caused. Stones were also pelted. One person by name Shivaji sustained fracture injury. 3] In the report given by Nimbhore, he has made allegation that on 22/5/11, at about 11.30 a.m. Bargoje and his persons came to their vasti and they started assaulting him and the persons of his side by asking why they had cut sugarcane without taking permission of the Vice Chairman of the sugar factory. Allegations are made that sticks and iron bars were used and one person sustained grievous injury in the incident. 4] Advocates of both sides submitted that now there is peace in the village and both the sides have decided not to disturb the peace and not to harass the people due to political rivalry. Only due to statements made by 2 advocates and the circumstance that the investigating officer has filed report that the weapons are recovered this Court holds that at present there is no need of custodial interrogation. Relief is being given only with the hope that they do not start the quarrel again and they do not harass the villagers. If there is 5 criapln2266-11 breach of the conditions and similar incident takes place again, anticipatory bail is liable to be canceled. 5] Both applications are allowed. Applicants from the respective Crimes are to be released on bail on their furnishing P.R. and S.B. of Rs.15,000/- each. They shall not tamper with prosecution witnesses. They shall not commit similar offence. They are to attend the concerned police station on every Sunday between 9 a.m. and 12 p.m. They are to cooperate with the investigating agency and they are to attend the police for the period of 1 month. This condition is not applicable to lady applicants. [T.V.NALAWADE,J.] umg/criapln2266-11