1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2902 OF 2010 1 Laxman s/o Ganpatrao Ghule 2 Rohidas s/o Bhagwan Ghule 3 Dnyanoba s/o Nivrutti Ghule 4 Ashruba s/o Baburao Ghule 5 Baliram s/o Sahebrao Budhwant Applicants Versus The State of Maharashtra and another Respondents Mr.V.C.Solshe, advocate for the applicants. Mr.K.S.Patil, A.P.P. for the Respondents. CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, the applicants have approached this Court for their release on anticipatory bail in connection with CR No. 110/10, registered in Mantha Police Station, District Jalna, for the alleged offence under Sections 147, 149, 380 and 436 of the Indian Penal Code. 2 Heard Counsel for the applicants and learned A.P.P. for the Respondents. 3 It appears that said offence came to be registered on the 2 complaint of Shivaji Vithalrao Ghuge about the alleged incident which took place on 24.06.2010 at about 12.30 in the noon. The contents of complaint disclose that the wife of son of elder brother of complainant sustained burn injuries in the early hours of 24.06.2010 and she succumbed to death around 9.00 a.m. On receipt of this news, relatives of daughter-in-law Chaya assembled near the house of her husband. After the incident was reported in police, police came at the spot. After completing formalities, brother and nephew of the complainant were taken in custody by the police and dead body was sent for post mortem. Thereafter some mob of 40 persons reached at the spot, out of which, names of 17 persons are also mentioned in the complaint, who demanded sum of Rs.Five lakhs from the complainant to settle the issue about death of Chaya. When the complainant declined to pay this amount, the mob entered in the house and damaged the property inside the house and then set the house on fire. At that time, cash as well as gold ornaments were forcibly removed by the members assembled outside the house. In the 17 names mentioned in the complaint, names of applicant no.1 and applicant no.2 , appeared at Sr.Nos.16 and 12, who are the uncles of deceased Chaya. 4 It is tried to urge across the Bar that names of applicants no.3 to 5 did not appear in the complaint nor any overt act has been committed by them. Hence a prayer is made for their release on anticipatory bail in the event of their arrest in the said offence. 5 While opposing the bail application, learned A.P.P. appearing for the Respondents, placed on record statements of the eye witnesses recorded by police. In the statements of near relatives of applicants no 1 and 2 and the complainant, names of applicants no.3 and 4 are revealed. 3 Not only that, but in the statements of eye witnesses the specific roles played by applicants no.3 and 4 are also projected. Considering these aspects, no case is made out so far as applicants no.1 to 4 are concerned. But, there are no allegations against applicant no.5. 6 In the result, the application deserve following order: ORDER (a) Criminal Application is partly allowed. (b) Application in respect of Applicants no.1 to 4 i.e. (1) Laxman s/o Ganpatrao Ghule; (2) Rohidas s/o Bhagwan Ghule; (3) Dnyanoba s/o Nivrutti Ghule; and (4) Ashruba s/o Baburao Ghule, is hereby rejected. (c) So far as applicant no.5 – Baliram s/o Sahebrao Budhwant is concerned, in the event of his arrest in connection with CR No.110/10, registered in Mantha Police Station, District Jalna, he be released on bail on furnishing solvent surety in the sum of Rs.15,000/- (Rs.Fifteen thousand) and on executing P.R. Bond in the like amount. (d) Applicant has to cooperate with the investigating agency, if required, on written intimation from the Investigating Officer. (e) Criminal Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln290210