1 Cri.Appl.Nos. 442/11 & 447/11 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.442/2011 (Zumber s/o Namdeo Ghorapade and Anr. Vs. The Stae of Mah.) with CRIMINAL APPLICATION NO. 447/2011 (Shivaji s/o Sopan Pagire Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.ZM Pathan and Mr. R.A.Tambe, Advocates, for respective applicants; Mr.KM Suraywanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 7 th March, 2011. ... 1) Heard. 2) On a trivial issue of providing bullock-cart for festive season, there was altercation, resulting in interse commotion. Both the groups had flexed arms, associated with deadly weapons, followed in injuries. F.I.R.No.I-117/2010 was registered at the behest of Babasaheb Laxman Ghule while F.I.R.No.118/2010 was registered at the behest of Amol Zumber Ghorpade from the group of present applicants. 3) My attention is invited to the nature of injuries suffered by the applicants/ accused Zumbar Ghorapade and Amol Ghorpade. – The persons in rival group from Crime No.I-117/2010 are directed to be released on pre-arrest bail by the learned Sessions Judge, not disputed by learned APP. 4) The role attributed to applicant/accused - Shivaji Sopan Pagire and applicant/accused Zumber Namdeo Ghorapade in Crime No.117/2010, is not in concert, but an overt act on the spur of moment and consequently, it will not be exceeding 2 Cri.Appl.Nos. 442/11 & 447/11 infraction beyond section 324 IPC that too in particular considering nature of the injuries. Though the Investigator has attributed applicability of Section 307 of IPC. 5) Considering these aspects of the matter, and even if statement of Ramdas taken to its logical end, custodial interrogation of the applicant/accused not warranted, least chances of tampering the evidence. The interim protection dated 3rd February, 2011 to each of the applicants is made absolute with modified condition of attendance, that the applicant/accused in each application to attend the investigator on every Sunday between 3.00 to 6.00 p.m. effective up to 30th June, 2011. 6) Both the applications are disposed of as above. (K.U.CHANDIWAL) JUDGE bdv/