1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2883 OF 2009 Murlidhar Hirappa Prakashale & ors........ Applicants versus The State of Maharashtra ........Respondent. Mr. Umesh R. Mankapure adv. for the Applicant Mrs. P.P. Shinde APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 27th July, 2009. P. C.: 1. At the outset it is relevant to note that on account of the incident that took place on 28th March 2009 two FIRs came to be registered against the present applicants. The first FIR is C.R.No. 90/09 whereas the second FIR is C.R. No.88/09. The offence punishable under sec. 307, 326, 324, 147 to 149, 436, 323, 504, 506, 427 read with 34 of IPC and under sec. 125 of B.P .Act came to be registered in C.R. No.90/09. Whereas in the present C.R. No. 88/09 the offence punishable under sec. 395 and 397 of IPC are registered against the applicants. For seeking anticipatory bail in C.R. No. 90/09 Criminal application no.2882/09 came to be filed. By a reasoned order, I have rejected the application of the applicant nos.1, 2 and 3 therein by name Bandu, Sunil and Dattatraya, however, granted anticipatory bail to applicant nos. 2 4. 5 and 6 namely, Shivling, Mirabai and Laxmibai. 3. Perusal of FIR in C.R. No. 88/09 reveals that in addition to the averments which find place in C.R. No.90/09, allegations of decoity are also made. It is stated in FIR that after the assault by applicant/accused by means of weapon, Bandu who is applicant no.4 in the present application has stolen cash of Rs. 50,000/- which was kept in a trunk. The present application to the extent it relates to Bandu applicant no.4 is concerned, the same is not pressed and it is stated that he would surrender on 29th July 2009 at Pandharpur Taluka police station. In regard to the decoity there are no allegations against applicant nos. 1, 2, and 3 whereas there are allegations against applicant nos. 5 and 6 i.e. Laxmibai and Mirabai. It is stated in the FIR that they snatched the golden ornament from the neck of Pramila. Counter complaints are also filed by the applicants and offences are also registered against the complainant in the present C.R. The relations between the applicants and the complainants are strained on account of civil dispute between them touching the agricultural land and the house standing thereon. Parties are litigating before various forum. Roping in of all the members of the applicant’s family cannot be ruled out. Having regard to the fact that the applicant nos. 5 and 6 who are said to have snatched the gold ornaments from the neck of Pramila during the scuffle, there appears to be a need for interrogation. Having regard to the facts and circumstances I am inclined to allow the application filed by the applicant nos. 5 and 6 mainly for the reason that they are lady 3 members and for the reasons recorded in order passed in Cri. Application No.2882/09 dated 27-7-2009. Their attendance for further investigation can be secured by imposing appropriate conditions. I therefore pass the following order. 4. The application is partly allowed. The application to the extent it relates to the applicant no.4 is concerned the same is rejected as not pressed. The statement made by the learned counsel for the applicant no.4 that he shall surrender to Pandharpur Taluka Police Station on 29th July 2009 is accepted and time is granted to him to surrender till 29th July 2009. 5. The application of the other applicants is allowed and it is directed that in the event of arrest of applicant nos, 1,2,3 and 5 to 9 or any of them in C.R. No. 88/09 for offence under sections 395, 397 of IPC, they or he/she shall be released on execution of personal bond in the sum of Rs. 10,000/- with one or more sureties in the like amount. Applicant nos. 5 and 6 shall attend Pandharpur Taluka police station daily in between 3 to 5 p,m, and co-operate the police in investigation of the crime for a period of one week from tomorrow and thereafter shall attend the police station once a fortnight. All the applicants shall comply with the conditions stipulated under section 438(2) Cr,P.C. Application is disposed of (A. P. Deshpande, J.)