1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (ABA) NO. 352 OF 2011 (SURYABHAN MAROTI AWARI...VS..STATE OF MAH. THR. PSO MAJARI, DISTT. CHANDRAPUR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.M.Agnihotri, Advocate for Applicant. Mr. V.A.Thakre, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : NOVEMBER 14, 2011. This is an application under Section 438 of the Code of Criminal Procedure for releasing the applicant/ accused on bail against whom Crime No.43 of 2010, registered with Police Station, Majari, District : Chandrapur for the offences punishable under Sections 141, 143, 147, 149, 323, 336, 435, 427 and 452 of the Indian Penal Code read with Sections 3 and 4 of the Damage to Public Property Act and Section 7 of the Criminal Amendment Act. The genesis of the incident is that on 28.07.2011 one person having affiliation to a political party was murdered and for that offence bearing Crime No.42 of 2011 was registered. To lodge protest followers of the deceased formed an unlawful assembly and indulged in looting and causing damage to the public property. The shops were looted, petrol pump, 13 trucks and a ST Bus were burnt, media persons were also hurt. The members of the unlawful assembly were armed with sticks, stones and iron rods. This incident took place on Wani-Warora highway. It is also alleged that the members of the unlawful assembly forcibly entered Shubham Bar and ransacked the furniture and other 2 articles and looted cash of Rs.Three Thousand and foreign liquor worth Rs.Three Lacs. The mob also tried to set on fire a petrol pump. One Manoj Kale, Police Constable attached to Police Station, Majari lodged first information report. It is alleged that the brother of the deceased and other 20 to 25 persons armed with sticks, stones etc. indulged in damaging the vehicles and also entered in the house of one Shankarsingh and others and damaged the household articles. It is further alleged that they also damaged S.T. Bus and also entered in the nearby shops and petrol pump and damaged the same. On that basis the offences as stated above came to be registered. The name of the present applicant-accused is appearing in the first information report. The learned counsel for the applicant states that the first information report is in two parts so far as the narration of the names of the accused is concerned. According to him, the present applicant along with one Yuvraj Thakre has been named subsequently. On perusal of the first information report this does not appear so. In paragraph 2 of the first information report in the first spell the first informant mentioned the names of four persons and stated that they were accompanied by 20 to 25 associates. In the second spell he stated that “those were accompanied by Yuvraj Thakre and Suryabhan Awari (present applicant/accused) and 5-6 more”. Thereafter he stated that they all entered W.C.L. Complex of Kuthana Colony and damaged the house of one Shankarsingh and broke the doors of other houses and also damaged car, S.T. Bus and petrol pump. The learned counsel for the applicant invited my attention to the complaint filed by Suryakumar, the bar 3 owner. It is true that he named 13 persons and further stated that they were accompanied by 15 to 20 more persons to whom he knows by face. In the statement recorded on the same day, he named the present applicant. Therefore, the involvement of the accused in the said crime is clearly made out. The learned counsel for the applicant contended that the accused had attended Police Station and statement was recorded and their custodial interrogation is not necessary. In the reply filed by the learned Additional Public Prosecutor it is clarified that the investigation qua the applicant/ accused is going on. Since the date of incident the applicant was absconding. It is further stated that the applicant had played main role in commission of the offence of rioting in which public and private properties were damaged. 13 trucks worth Rs.1.25 crores were burnt to ashes. Even the places like petrol pump and residential premises were not spared. Considering the nature and gravity of the offence and the role of the accused discernible from the record this Court is of the view that it would not be just and proper to grant pre-arrest bail. The application is, therefore, rejected. At this stage, the leaned counsel for the applicant prays that the interim protection granted on 11.10.2011 and subsequently continued by order dated 21.10.2011 may be continued for a further period of two weeks. Prayer allowed. JUDGE RR..