1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3032 OF 2010 Madhukar s/o Babarao Jadhav Applicant Versus The State of Maharashtra Respondent Mr.S.R.Bagal, advocate for the applicant. Mr.P.P.More, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 18 th August, 2010. P.C.: 1 By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.76/10, registered in Basmath Police Station, District Hingoli. 2 The record shows that the applicant was protected by interim order dated 10.08.2010. 3 Today, when the application came up for final hearing, heard Counsel for the applicant and learned A.P.P. for Respondent- 2 State. 4 It appears that the said offence came to be registered in Basmath Police Station on the complaint of P.I. Vikas Totawar about the incident took place in front of Nivas Agro Agency on 04.06.200 around 12.30 noon, where the mob of agriculturists from different villages has gathered to collect fertilizers. The applicant has not disputed his presence at the spot as he is residence of village Virgaon, Taluka Basmath and he had been to Niwas Agro Agency to collect fertilizers, for which he has paid the consideration, received the receipt, but when he was about to collect the fertilizers, this incident took place and he apprehend his arrest in the said offence. 5 While disposing Criminal Applications No.2483/10 with 2484/10 and 2504/10 by common order dated 21.07.2010, I have observed in paragraph 3, as follows: “Considering the submissions made across the Bar, one fact which is required to be noticed is that those agriculturists, along with the applicants, on the spot were not assembled with common object to commit the offence but they are the agriculturists, demanding to provide fertilizers. The date is very material as the date is in the first week of June, when the agricultural operations are required to be commenced for which use of the fertilizer is a must. Bearing in mind this typical 3 situation, it cannot be said that assembly of the mob was with the common object to commit the offence, to destroy the private property and to commit the murder of either of the public officers or the private persons. Considering this overall effect of the allegations in the complaint as well as the statements of the witnesses recorded during investigation, as the applicants are already behind the bars for 40 days, this Court does not feel it proper that their further detention is required.” 6 In view of this, even though accepting presence of the applicant at the spot, a case is made out to enlarge the applicant on anticipatory bail. Hence, the application deserve following order: ORDER (a) Criminal Application is allowed. (b) Interim protection granted on 10th August, 2010 is hereby extended till filing of the charge sheet. (c) Applicant to cooperate with the investigation agency. (d) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln303210