1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3079/2009. (1.Jabbarshah Gulabshah Fakir and Ors. Vs. I.O., State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.Sushama Savale, Adv. (appointed) for applicants; Mr.DR Korde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 10 th September,2009. 1. Heard learned Counsel appointed by Legal Services Sub-Committee, Aurangabad, to defend the case of the accused/applicants in Crime No. 146/2009, registered at Aazadnagar Police Station, Dhule, seeking protection in terms of Section 438 of Cr.P.C. Such request, made before the learned Additional Sessions Judge, Dhule, is turned down by order dated 19th August, 2009. 2. Reading the report of the complainant, indicating the events dated 18.7.2009, it is apparent, the pivotal role of Jabbarshah Gulabshah Fakir, applicant/accused no.1. The other applicants/accused referred therein, have indeed not played any role to 2 harass, instigate or to abuse the complainant. 3. Applicant no.7 onwards are aged persons and allegedly accompanied said Jabbarshah. In the situation, nothing is to be recovered from the applicants/accused. Though learned APP from the police papers points that several cases are pending and the applicants are in habit of pressurizing the police, however, that will not be a barometer for rejecting the bail as it is not the police, at whose instance the offence is registered, but it is the complainant – Nasimbee Babulalshah, who accelerated registration of the offence vide Crime No.146/2009. Hence, order. 4. In the event of arrest of the applicants/accused nos. 2 to 14, each one of them be released on their furnishing PR bond and surety in the sum of Rs.5,000/ ( Rupees five thousand) till filing of the charge sheet. 5. The application of applicant/accused no. 1 – Jabbarshah Gulabshah Fakir is rejected. 6. The accused/applicant no.2 Adilshah Gulabshah Fakir; applicant no.3 Jakirshah Gulabshah Fakir; applicant no. 4 Rafiqshah Gulabshah Fakir; applicant no.5 – Jakirshah Nurshah Fakir and applicant no. 6 Salimshah Dadamiyanshah, 3 shall attend the concerned Investigator on every Sunday between 10.00 to 5.00 p.m. till filing of the charge sheet. 7. The accused/applicants shall not terrorize the witnesses and influence them, and particularly shall not antagonize the complainant – Nasimbi Babulshah. 8. Criminal Application partly allowed to the extent referred above. ( K.U.CHANDIWAL ) JUDGE bdv/cran3079.09