IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CR.APPLN/5019/2010 QUAZI MAJEED JAINULABEDDIN V/S STATE OF MAHARASHTRA AND ANR ... Smt. Sadhana S. Jadhav, Advocate for applicant and Shri N.B.Patil, APP for respondents. ... WITH CR.APPLN/5263/2010 GULAM ELIAS ALIAS GUDDU GULAM HUSSAIN V/S STATE OF MAHARASHTRA AND ANR ... Smt. U.T.Pathan, Advocate for applicant and Shri N.B.Patil, APP for respondents. ... CORAM : K.U.CHANDIWAL,J. Dated : January 10, 2011 PER COURT :- 1. Heard respective counsel. 2. In an unfortunate incident, while Police Constable was discharging his duties and controlling the traffic Ape Rickshaw No. MH-23-4084 came in a wrong direction. The refrain and restraint exercised by the complainant resulted in a clash, followed by a gathering of mob of forty persons. The motorcycle belonging to the complainant was set ablaze by the mob. They indeed wanted to eliminate the complainant, however, he could be rescued. In the first information report, complainant has said that he will be able to point out the persons in the mob who had assaulted him. CR.APPLN/5019/2010 (2) 3. Present two applicants are alleged to be the members of the said unlawful assembly on 5.11.2010. They are named by co-accused. It is curious and rather surprising that no further statement of complainant Vitthal is recorded pointing out a specific role or even passing reference to the present accused/ applicants. He did not name the present accused/applicants. Learned APP is unable to point out any other overt act of the accused/applicants specifically mentioned by either member of the public or Police Officer. In the result, custodial interrogation of the accused/applicants, who have roots in the society, is unwarranted. Hence the order. 4. In the event of arrest of the accused/applicants in Crime No.115 of 2010 registered with City Police Station Beed, the accused/applicants be released on executing PR bond of Rs.15,000/- (Rs.Fifteen Thousand only/-) with one surety in the like amount each. The accused/applicants shall attend the Investigator on every Thursday and Sunday between 4 to 6 pm till filing of the charge sheet. The accused/applicants shall not influence the prosecution witnesses nor shall leave the jurisdiction of Beed, without prior permission of the Court concerned. (K.U.CHANDIWAL, J.) ... akl