1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4477 OF 2010 Kundlik s/o Pandurang Kadam & ors. ..APPLICANTS VERSUS The State of Maharashtra ..RESPONDENT Mr S.P. Katneshwarkar, Advocate for the applicants; Mr N.R. Shaikh, A.P.P. for the respondent. CORAM : P.V. HARDAS, J. DATE : 28th October, 2010 PER COURT : Offence vide Crime No.95/2010 has been registered by the Kurunda police station, District Hingoli against the present applicant for offence punishable under sections 436 and 427 read with sec. 34 of the Indian Penal Code and under section 3 (1) (x) and 3 (2) (iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on the allegations that the present applicant has set ablaze four huts belonging to the complainants. 2 2. In the report lodged by the complainant one Rangnath he claims to have witnessed the applicant setting the huts ablaze in the illumination of the torch. The applicants no.1 to 3 came to be arrested on 7.10.2010 while applicant no.4 came to be arrested on 8.10.2010. After their police custody remand at present the applicants are in magisterial custody. The learned A.P.P. states that the investigation is still in progress and is nearing completion. 3. The applicants are alleged to have committed an offence punishable under section 436 of the Indian Penal Code. Section 436 of the Indian Penal Code prescribes maximum punishment of ten years while the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provided for a maximum sentence ranging between 5 to 7 years. In the light of the fact that the applicants are not alleged to have committed any offence which is punishable either with imprisonment for life or death, I am inclined to allow this application. 4. Accordingly, this application is allowed and the applicants are directed to be released on bail on each of the applicants executing a P.R. bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the Special Judge and also on the condition that the applicants shall attend the Kurunda police station, District Hingoli once a week on each Sunday, between 8.00 to 10.00 a.m. till the filing of the charge-sheet. The applicants shall not either tamper with the prosecution 3 evidence or influence the prosecution witnesses. Application allowed accordingly. ( P.V. HARDAS, J.) amj/criap4477.10