{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3919 OF 2010 WITH CRIMINAL APPLICATION NO. 3922 OF 2010 WITH CRIMINAL APPLICATION NO. 3923 OF 2010 XXXXX CRIMINAL APPLICATION NO. 3919 OF 2010 Sushil Subhashrao Davkar & Another APPLICANTS VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO. 3922 OF 2010 Kailash Manoharrao Davkar & Another APPLICANTS VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO. 3923 OF 2010 Subhash Uttamrao Davkar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.J.Salunke, Advocate for the applicants Mr.B.V.Wagh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 13th October 2010 {2} PER COURT: 1. As all these three criminal applications arise out of Crime No.46/2010 registered at Pimpalner police station, Dist- Beed, they are being disposed of by this common order. 2. It appears that an offence was registered at Crime No. 46/2010 on the complaint of one Narayan Devkate, on 19.05.2010 against the applicants and 15 others. Pursuant to the registration of the offence all the applicants came to be arrested. It is informed that in the present case, after completion of the investigation, charge sheet has been field before the Chief Judicial Magistrate, Beed on 16.08.2010 and the case is numbered as RCC No. 639/2010. 3. Heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation. 4. It appears that at about 10.30 a.m. on 19.05.2010, quarrel took place between Balwant Davkar, related to the applicants, and one Dnyaneshwar Thapde over payment of fare. It is alleged in the complaint that thereafter some elderly persons had settled the quarrel, however at about 7.30 p.m. all the applicants and some other unknown persons armed with deadly weapons like swords, sticks etc. came at the spot and started riot {3} some activities. Accused Dwarkadas fired two rounds from his pistol to create terror and hence the people who were present at the spot started running. At that time, it is alleged, applicant Sushil assaulted complainant with sword and the remaining applicants assaulted Ramprasad with sword. It is further alleged that the said incident was noticed by one Bandu Gadiwan and while he was trying flee from the spot, he was also assaulted by the applicants and others. There are specific allegations against the present applicants. It appears that the applicants had applied for anticipatory bail, however as their applications were rejected, they have surrendered and since then they are in custody. 5. During the investigation, statements of certain witnesses are recorded, who have corroborated the testimony of the complainant and injured witnesses. Nothing has been recovered at the instance of applicant Rahul and Sharad, however one sword is recovered at the instance of applicant Sushil, one knife is recovered from Kailas and one sword is recovery from Subhash, under the disclosure memo. Papers of investigation further indicate that after medical examination of the injured witnesses, though it was noticed that they had sustained grievous injuries, yet Bandu was discharged after 6 days whereas other two injured were discharged after 11 days. Now, as the charge sheet has been filed, nothing is to be recovered from the applicants and only question is whether the applicants would tamper with the evidence or extend threats to the witnesses, if released on bail. Admittedly, the applicants and the {4} witnesses are not residents of the same village. Therefore, considering the fact that the offence against the applicants is not punishable with death of life imprisonment, if the applicants are restricted from entering in village Dhekanmoha with direction to attend the concerned police station, they can be enlarged on bail. In the premise, the applications deserve to be allowed. 6. Consequently, all the three applications are allowed. The applicants be released on bail on their furnishing solvent surety in the sum of Rs.25,000/- each and on executing PR bonds in the like amount, if they are not wanted in any other case. The applicants are prohibited from entering village Dhekanmoha till the disposal of the trial. The applicants are further directed to attend the Pimpalner police station on 5th and 20th day of each month till the disposal of the trial. Needless to state that in case of violation of the above condition the prosecution will be at liberty to apply for cancellation of bail. [A.V.POTDAR, J.] drp/B10/criapln3919-10