[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2840 OF 2008 Mahesh Ashok Pawar and 27 others ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.V.V.Purwant Advocate for Applicants Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 16, 2008 DATE : SEPTEMBER 16, 2008 DATE : SEPTEMBER 16, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.35 of 2008 of Talbid Police Station, Dist.Satara. The said case is mainly under Sections 353, 323, 452, 436 of IPC and under Sections 3(1)(X) and 3(1)(XV) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 3. The learned advocate for the applicants states that he is not pressing this application at this [-2-] stage in respect of applicant nos. 1 to 3, 5, 21, 22 and 26 and he will prefer a fresh application for bail at a later stage. Liberty as prayed for, is granted. Hence, this application is being considered only in respect of applicant nos.4, 6 to 20, 23 to 25, 27 and 28. 3. The prosecution case is that there was a mob of more than 200 persons. They came to wasti of the complainant armed with lathis and sticks. They abused the complainant in relation to his caste. They were insisting that complainant should vacate the premises. Thereafter, the complainant and witnesses were beaten. They damaged huts of the complainant and witnesses and they committed dacoity of Rs.46,500/-. Initially Section 395 of IPC had also been applied. The report of Deputy Superintendent of Police shows that there is no material in respect of offence under Section 395 of IPC. The report of Deputy Superintendent of Police is taken on record and marked as ‘X’ for identification. As far as present applicants are concerned, applicant nos.8 to 20, 23, 25 and 28 have not been named in the FIR. No specific role has been attributed to these applicants. Applicant [-3-] nos.4, 6, 7, 24 to 27 have been named in the FIR, but no specific role of assault has been attributed to them. In view of the above facts, I am inclined to grant bail. 4. Each of the applicant nos.4, 6 to 20, 23 to 25, 27 and 28 be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) each with one or two sureties to make up the said amount in connection with CR No. 35 of 2008 of Talbid Police Station. The applicants to report to Talbid Police Station once in a fortnight till conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]