1 Cr. Appln. no. 4092.09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.4092 OF 2009

1.

Nishant S/o Bapurao Gaikwad

Age 20 years,Occu.Education,

2.

Jairam S/o Dattatrya Kaldate,

Age 23 years,Occup.Agriculture,

3.

Sinath S/o Vithal More,

Age 30 years,occup.Agrigulure,

4.

Nitin S/o Vithal More,

Age 30 years,occup.Agrigulure,

5.

Dattatray S/o Shivaji Dongare,

Age 30 years,Occup.Agriculture,

6.

Santosh S/p Popatl Pisal,

Age 32 years,occup.Agriculture,

7.

Malhari S/o Pandurang Gaikwad,

Age 34 years,occup.Agriculture,

8.

Sudhir S/o subhash Pisal,

Age 23 years,occup.Education,

All R/o Rajuri,Ta.Jamkhed,

Distarict Ahmednagar

...Applicants

V E R S U S

1.

The State of Maharashtra

(Copy to be served on PP

High Court of Bombay Bench

at Aurangabad )

2.

The District Superintendent of

Police,Ahmednagar.

2 Cr. Appln. no. 4092.09

3.

The Police Station Officer,

Jamkhed Police Station,

Jamkhed,District Ahmednagar.

...Respondents

WITh

CRIMINAL APPLICATION NO.4156 OF 2009

1.

Bhau S/o Hanuman Kaldate,

Age 27 years,occup.Agriculture,

2.

Bhausaheb S/o Shivaji Kolhe,

Age 27 years,occup.Agriculture,

3.

Somnath S/o Ankush Kolhe,

Age 25 years,occup.Agriculture,

4.

Laxman S/o Sopan Kolhe,

Age 34 years,Occup.Agriculture,

5.

Bhausaheb S/o Kisan Kaldate,

Age 34 years,occup.Agriculture,

All R/o Rajuri,Ta.Jamkhed,

Distarict Ahmednagar

...Applicants

V E R S U S

1.

The State of Maharashtra

(Copy to be served on PP

High Court of Bombay Bench

at Aurangabad )

2.

The District Superintendent of

Police,Ahmednagar.

3.

The Police Station Officer,

Jamkhed Police Station,

Jamkhed,District Ahmednagar.

...Respondents

3 Cr. Appln. no. 4092.09

...

Mr. C.K.Shinde,Advocate for Applicants.

Mr. B.J.Sonwane, A.P.P. for respondent-State.

...

CORAM : A.V. POTDAR, J.

DATED : 11^TH DECEMBER, 2009

PER COURT

1]

By these two applications the applicants

approached to this court for their release on

anticipatory bail, in the event, of their arrest

in connection with Crime No. 59 of 2009,

registered with Jamkhed Police station, Taluka

Jamkhed, District Ahmednagar, for the alleged

offences punishable under section 147, 148, 149,

307, 120(B) of the Indian Penal Code, under

section 3(1)(x) of the Scheduled Caste and

Scheduled Tribes (Prevention of Attrocities) Act

and under section 7(1)(d) of the Protection of

Civil Rights Act, under section 4 with Section 25

of the Arms Act as well as offence punishable

under Bombay Police Act.

2]

Heard learned counsel appearing for the

applicants and followed by the submissions of

learned A.P.P. for the respondents-State. Also

perused the papers of investigation till carried

out. It appears that the said offence came to be

registered in Jamkhed Police Station on 4^th May,

2009, upon the incident took place in the night of

3^rd May,2009, on the complaint of one Sunil Sampat

Sadaphule. In the said complaint, he has given

4 Cr. Appln. no. 4092.09

the name of total 37 persons, who are arrayed as

an accused, out of those 37 persons, the persons

whose name appears at serial nos. 7, 8, 9, 10, 12,

14, 15, 16, 20, 21, 23, 25 and 26, are the

applicants, by way of this application before this

court.

3]

The facts disclosed in the said complaint

further disclosed that on 29^th April, 2009, as it

was day of Ambedkar Jayanti Festival. The Board

having Photograph of Dr. Babasaheb Ambedkar was

displayed at conscious place in the village

Rajuri. The people of this community when came to

remove this Board i