IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4827 OF 2009 1. Sukhdeo Shankar Jadhav 2. Devidas Motiram Jadhav 3. Vikas Tukaram Rathod 4. Sitaram Chataru Rathod 5. Vinod Motiram Jadhav 6. Vinod Namdeo Rathod 7. Vasant Magalu Rathod 8. Datta Kashinath Rathod 9. Tanaji Babu Rathod 10. Netaji Babu Rathod 11. Suresh Kashinath Rathod 12. Tukaram Bhoju Rathod 13. Pandurang Bhima Rathod 14. Arjun Bhima Rathod 15. Narayan Kashinath Rathod 16. Kashinath Bhima Rathod 17. Manglu Bhoju Rathod 18. Rupchand Valchand Rathod 19. Vitthal Shama Jadhav 20. Vishwanath Tulshiram Chavan 21. Babu Bhoju Jadhav 22. Shankar Babu Rathod. 23. Khuba Basu Rathod 24. Kalidas Tukaram Rathod 25. Sadhu Mangal Rathod 26. Ganesh Jayram Rathod 27. Sanjay Vishwanath Chavan 28. Sunil Sitaram Rathod 29. Dhanu Ram Rathod 30. Sanjay Lalu Jadhav 31. Mahadeo Manglu Rathod 32. Pintu Lalu Jadhav ...Applicants Vs. The State of Maharashtra ...Respondent ---- Shri Jaydeep D. Mane for Applicants Mrs. P.P. Shinde – APP for State ---- WITH CRIMINAL APPLICATION NO.5060 OF 2009 Hiralal B. Rathod. ...Applicant Vs. The State of Maharashtra ...Respondents --- Shri Niranjan Mundargi for Applicant Mrs. P.P. Shinde-APP for Applicant --- WITH CRIMINAL APPLICATION NO.5051 OF 2009 Ramesh Jadhav ...Applicant Vs. The State of Maharashtra ...Respondent ---- Shri Niranjan Mundargi for Applicant Mr.J.P. Kharge -APP for Applicant --- CORAM: V.M. KANADE J. DATE : 17TH NOVEMBER, 2009 P.C. ---- 1. By order dated 4th November, 2009, the Applicants were directed to report to the concerned police station for a period of one week from 9.11.2009. They, accordingly, attended the police station for a period of one week. In my view, taking into consideration the allegations made in the complaint and the role attributed to the present Applicants, custodial interrogation of the Applicants is not necessary. 2. It is the case of the Applicants, that the raid was conducted by the police and all the Applicants assaulted mercilessly by the police and thereafter a false complaint has been filed by them alleging that the Applicants thrown stones on the police officers. It is further alleged that all names of the members of the community have been mentioned in the complaint. Though it is mentioned in the complaint that the Applicants assaulted with sticks and axe, this fact was not supported to the medical evidence since the injuries are simple in nature. The Applicants belong to Laman community, in my view, custodial interrogation of the Applicants is not necessary particularly because the Applicants are permanent residents of village Kondi, Tal. North Solapur. 3. The Applicants, in the event of their arrest in connection with C.R. No.193 of 2009 registered with Solapur Taluka Police Station , be released on bail in a sum of Rs.5,000/- each with one or two sureties each in the like amount. They shall report to the concerned police station as and when called. 4. So far as the Applicants in Criminal Application Nos. 5051/2009 and 5060 of 2009 are concerned, they are in custody since last 80 days. Investigation is almost over. Charge sheet is filed. The Applicants, therefore, need not be detained in the jail as a trial prisoners. These Applicants also be released on bail in a sum of Rs.5,000/- each with one or two sureties each. They shall report to the concerned police station as and when called. 5. Applications are disposed of. (V.M. KANADE J.)