1 Criminal Application No.1168/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1168 OF 2011 Pundlik Rajdhar Patil & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri A.S. Sawant, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st April, 2011 PER COURT : 1. Heard. The accused/ applicants seek pre-arrest bail in Crime No.49/2011 of Dhule Taluka Police Station, for an offence under Sections 326, 324, 323, 504 read with Section 34 of the Indian Penal Code. 2. Hearing the learned counsel and on perusal of the record, primarily it indicates that there was clash between the rival group. Each one has freely used axe, spade and lethal weapons, resulting in suffering injuries by either the complainant of Crime No. 49/2011 or his colleagues or from the persons of the group of 2 Criminal Application No.1168/2011 applicants. Mr. Sawant submits, that the persons from rival group were arrested, however, released on same day as at the material time Section 326 of the Indian Penal Code was not applied against them. 3. Counsel submits that applicant No.2 Rajdhar Dhanraj Patil is 80 years old and applicant No.3 Narendra Pundlik Patil (Desale) was at Palghar at the relevant time. 4. The accused/ applicant No.2 Rajdhar appears to be aged and as indicated in para 6 of the petition, he is not keeping well. The role allegedly attributed to him is, he inflicted fist blows. The accused/ applicant No.3 Narendra, was primarily not at the said place, as at Page 31, a ATM card details of ICICI Bank of Mahim Road, dated 20.2.2011 of 20.16 Hrs., withdrawing Rs.175/- (Rupees one hundred and seventy five) is presented. Counsel reiterate, the accused No.3 Narendra was gainfully employed at Palghar and could not move at the place of incident at Dhule, particularly at village Chinchkheda. At this stage, primarily accepting the above position, the interim protection dated 22.3.2011 is made absolute to the extent of applicant No.2 Rajdhar Dhanraj Patil and applicant No. 3 Narendra Pundlik Patil (Desale). 3 Criminal Application No.1168/2011 5. So far as applicant No.1 Pundlik Rajdhar Patil and applicant No.4 Sandip Pundlik Patil are concerned, specific role is attributed in the F.I.R. Discovery of spade and axe is yet to be made. The accused/ applicants have made their presence scarce to the investigator. The connectivity is writ large, illustrative of their involvement. Consequently, the protection of the accused applicant No.1 Pundlik Rajdhar Patil and applicant No.4 Sandip Pundlik Patil is terminated. Application partly allowed in above terms. K.U. CHANDIWAL JUDGE fmp/cri1168.11