15crn2348&49-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2348 OF 2010 1. Mr.Parimal Vijay Machale, 2. Mr.Shreemant Laxman Waghmare, 3. Mr.Naga Boda Gade, 4. Mrs.Arvinda Vijay Machale, 5. Ms.Priyanka Vijay Machale, 6. Ms.Renuka Vinod Gade. ..Applicants. Vs. State of Maharashtra ..Respondent. .... WITH CRIMINAL APPLICATION NO.2349 OF 2010 1. Mr.Komal Vijay Machale, 2. Mr.Ravi Shreemant Waghmare, 3. Mr.Vinod Naga Gade, 4. Mr.Shivlal Ambadas Kamble, 5. Mrs.Yalza Naga Gade, 6. Mrs.Baby Ambadas Kamble. ..Applicants. Vs. State of Maharashtra. ..Respondents. .... Mr.Prakash Naik, Advocate for the applicants. Mrs.M.H. Mhatre, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 15th JUNE, 2010 15crn2348&49-10 2 P.C. 1. Heard rival submissions for some time on both the anticipatory bail applications. As similar issue is involved and as apprehension of arrest of the applicants in both the applications is out of the same C.R. number, both the applications are being disposed of by this common order. 2. Applicant Nos.1 & 2 in Criminal Application No.2349 of 2010 do not press the present application. Hence the order is being passed only for six applicants in Criminal Application No.2348 of 2010 and applicant Nos.3 to 6 in Criminal Application No.2349 of 2010. 3. Admittedly, according to the case of police the role attributed to these applicants is of pelting stones on the house of the complainant. It appears that earlier some meetings for amicable settlement took place between the parties. This happened on account of some love affair of the 15crn2348&49-10 3 daughter of the complainant with one person in the employment of the local police. As allegedly, the daughter of the complainant did not give response for compounding the matter as against said police person, there were threats given to the complainant and her daughters and other family members. 4. After going through the papers and hearing the rival submissions, apparently provisions of Section 395 IPC may not be attracted. Considering other Sections applied against the applicants, except offence under Section 452 of IPC, other offences are bailable in nature. 5. In that view of the factual circumstances, present applications can be allowed with certain directions to the applicants to attend the local police station and not to indulge in any activities so as to endanger the life and safety of the complainant and her family members. Hence order : 15crn2348&49-10 4 :: O R D E R :: [i] Criminal Application No.2348 of 2010 is allowed. Criminal Application No.2349 of 2010 is partly allowed for applicant Nos.3 to 6. [ii] In the event of arrest of all the applicants in Criminal Application No.2348 of 2010 and applicant Nos.3 to 6 in Criminal Application No.2349 of 2010 in C.R. No.66 of 2010 by Sadar Bazar Police station, Solapur, they shall be released on bail on their executing a P.R. bond in the sum of Rs.10,000/­ (Rs.Ten Thousand Only) each with one surety for the like amount each. [iii] In the event of such arrest and availing of the bail, said applicants shall attend the concerned police station on every Monday and Friday between 10:00 a.m. to 12:00 noon till completion of the investigation. 15crn2348&49-10 5 [iv] It is further directed that the said applicants shall not indulge into any such activities so as to endanger the life and safety of the complainant and her family members. Such conditions are imposed till the completion of the investigation. [v] The learned trial Court shall not be influenced by the observations made in this order. (A.R.JOSHI,J.)