(1) CRI.APP. 3464.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3464 OF 2010 Panditrao S/o Maratrao Savandkar Age : 42 years, Occ.: Agriculturist, R/o Tembhurni, Tq. Basmathnagar, Dist. Hingoli .. Applicant VERSUS The State of Maharashtra (Through P.S. Basmathnagar, Copy to be served on Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent ... Mr. S.P. Katneshwarkar, Advocate for the Applicant Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 5TH OCTOBER, 2010 ORAL ORDER:- 1. By this Application, the applicant seeks anticipatory bail under section 438 of the Code of Criminal Procedure. 2. On 4.6.2010, a group of agriculturists indulged in quarrels with traders in the Mondha area at Basmath. The Police Officers and Constables received information about the quarrel and, (2) CRI.APP. 3464.2010 therefore, went to the place in front of a fertilizer shop run by one Manmohan Kohli. They noticed that a large group of agriculturists was demanding fertilizers and the members were shouting. The Police Officers urged the members of the mob to keep silence but the mob was not ready to listen the advice. It is alleged that the members of the mob comprising of 300/400 persons, started pelting stones and assaulted the P.S.I. and other members of the Police party. The mob had become unruly and, therefore, lathi-charge was resorted to. 3. Heard learned Advocate for the applicant and learned APP. 4. The learned Advocate for the applicant would submit that other co-accused have been released on anticipatory bail. He would submit that no particular role is attributed to the applicant and his mere presence cannot be regarded as culpable. It is argued therefore that on basis of parity the applicant also may be granted anticipatory bail. (3) CRI.APP. 3464.2010 5. The recitals of the FIR prima facie show that the applicant was prominently present and he alongwith other five persons had indulged in instigation of members of the mob. He and other five persons were also pelting stones in the direction of the Police party. It appears from the recitals of the FIR that when the Police party members reached the place, the mob of agriculturists had become aggressive and the pelting of stones was going on. The medico legal certificate indicates that seven persons were injured during the course of the incident. It appears from the M.L.C. certificates that P.S.I. by name D.S. Yelkewad suffered compound fracture of tibia falio of right side lower extremity. The others have received various injuries. The presence of the applicant in the mob of the agriculturists is act of causing instigation and pelting of stones would show that there is a prima facie material to infer his complicity. Needless to say, he does not deserve the discretionary relief under section 438 of the (4) CRI.APP. 3464.2010 Code of Criminal Procedure. Hence, Application is dismissed. Observations in this order be not considered in any other matter while deciding the matter on merits. Sd/- [V.R. KINGAONKAR, J.] arp