1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3515 OF 2010 1. Babasaheb S/o Parasram Thaware 2. Balasaheb S/o Satwaji Thaware 3. Bhagwan S/o Parasram Thaware All R/o Anandgaon, Tq.Majalgaon, Dist. Beed. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.J. Salunke, advocate for applicants. Mr. V.D. Godbharle, A.P.P. for respondent. ........ WITH CRIMINAL APPLICATION NO.3605 OF 2010 1. Prakash S/o Sukhdev Thaware R/o Anandgaon, Tq. Majalgaon, Dist.Beed. 2. Ramesh S/o Prakash Thaware R/o Anandgaon, Tq.Majalgaon, Dist. Beed. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. V.D. Salunke, advocate for applicants. Mr. V.D. Godbharle, A.P.P. for respondent. ........ 2 WITH CRIMINAL APPLICATION NO.3622 OF 2010 Sukhdev S/o Sheshrao Shelke R/o Anandgaon, Tq.Majalgaon, Dist. Beed. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.J. Salunke, advocate for applicant Mr. V.D. Godbharle, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 8th September, 2010. PER COURT : 1. These are the applications for bail under Section 439 of the Criminal Procedure Code. The applicants are arrested in connection with Crime No.58/2010 registered at Dindrud Police Station for the offences under Sections 302, 307, 337, 327, 324, 325, 323, 504, 506, 147, 148 and 149 of the Indian Penal Code. 2. Having heard the learned Advocates for the applicants and the learned A.P.P. and on perusal of the investigation papers, it transpires that the incident giving rise to the F.I.R. lodged against the applicants is said to have occurred on 26th June, 2010 at about 7.30 a.m. As per the recitals of the F.I.R. lodged by Hanuman Rambhau Thaware, he and other persons had inquired with 3 applicant-Prakash Sukhdev Thaware as to why he had abused them under drunken condition. The applicants thereafter reached the place. They were armed with stones, sticks and iron roads. They abused the informant Hanuman Thaware and others and assaulted them. It also appears that there is counter complaint lodged on the same day by Sandipan Shelke about the counter assault by informant Hanuman Thaware and his group members. In the counter case, 11 assailants have been named including deceased Raosaheb Thaware. It appears that the members of party of the applicants were also injured during the said assault. 3. Genesis of the incident is not clear from the recitals of the F.I.R. and there appears a free fight which took place in the relevant morning between the two groups. The recitals of the F.I.R. prima facie indicate that deceased Raosaheb was assaulted by one Satva Thaware by means of stone. He is not amongst the present applicants and is said to have been released on bail. It is also stated at the Bar that the accused person named in the counter F.I.R. lodged by Sandipan Shelke was hit by a stone during course of assault when there was clash between two warring groups. The applicants are not shown to be assailants who had assaulted deceased Raosaheb Thaware. Considering the role attributed to the applicants, their further detention is not necessary 4 for the purpose of investigation and in view of the counter allegations about the genesis of the incident. They too are entitled to seek liberty. The learned A.P.P. submits that one of the injured Nanasaheb still is in the hospital. He appears to be old aged about 50 years and had received one contusion injury by means of hard and blunt weapon. The reasons that he is still in the hospital is not sufficient ground to deny the bail to the applicants and particularly when, the main assailant Satva is released by granting bail as well as there is ground of parity in existence with the applicants and other accused persons involved in the counter case. 4. In the result, the applications are allowed. The applicants are directed to be released on bail, on furnishing Bail Bond of Rs.25,000/- each with one solvent surety each before the Court of Sessions at Majalgaon and on condition that, they will not enter the limits of village Anandgaon till filing of the charge sheet and until such leave is granted by the Court of Sessions after filing of the charge sheet. They shall not try to contact any of the prosecution witnesses and shall not tamper with the prosecution witnesses. (V.R.KINGAONKAR) JUDGE gas/cri3515.10