1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3384 OF 2010 1. Sau. Bharatbai W/o Kisan Sawant Age : 65 years, Occ : Household & Agril., 2. Shakubai @ Lalita Madhukar Bhise Age : 35 years, Occ : Household & Agril., 3. Sau. Rani W/o Balaji Sawant Age : 18 years, Occ : Household & Agril., All R/o Jagaji, Tq. & Dist. Osmanabad. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. A.N. Nagargoje, advocate for applicants. Mr. N. H. Borade, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 6th October, 2010. PER COURT : 1. Heard the learned Advocate and the learned A.P.P. 2. The application is for bail under Section 439 of the Criminal Procedure Code. 3. Perusal of the investigation papers, prima facie, indicate that the only allegation against the applicants is of pelting stones on the family members of the victim. It appears that on 2 19.06.2010, two sons of informant-Dnyanoba had gone to the agricultural land for the purpose of sowing work. There was dispute regarding common Bandh between the members of the family of informant-Dnyanoba and the accused persons. It is explicit from the F.I.R. that there was quarrel between the sons of Dyanoba, on one hand and accused persons, on the other hands, on account of the common bandh. It appears that son of Dnyanoba, by name, Sandipan was assaulted by means of wooden stick used for holding of yoke (Rumane). Neither of the applicants having that wooden stick nor they assaulted injured Sandipan by means of wooden stick. Considering the overt act attributed to the applicants, and since they are entitled to seek protective discretion appended to proviso to Section 437 of the Criminal Procedure Code, they are entitled to seek liberty. 4. In the result, the application is granted. The applicants are directed to be released on bail, on furnishing of P.Bs. in sum of Rs. 15,000/- (Rs. Fifteen Thousand), each with one solvent surety for the satisfaction of the Court of Sessions. The application is accordingly disposed of. (V.R.KINGAONKAR) JUDGE gas/cri3384.10 3