(1.) On 20th June, 1986, communal riots broke at village Borsar in Vaijapur tahsil of this district. A mob consisting mainly of one community is alleged to have raided the house of one Karbhari raising slogans against the other community and attempting to set fire to the house of Karbhari and also to the daughter of Karbhari. It is alleged that one person namely ; Balu intervened but he was man-handled, stoned, brik-bated with the result that he fell down. Intimation was given to the police. The police came on the spot within the shortest possible time. The injured were referred to the local hospital at Vaijapur. However, physical condition of Balu became serious with the result that he was removed to the Government Medical College Hospital at Aurangabad. He survived for about 3 or 4 days and inspite of the best efforts on the part of the authorities of the Medical College he breathed his last. The police rounded up about 17 persons beloning to the same community. Those persons were in the custody of police for a considerable time for the purposes of investigation whereafter they where remanded to magisterial custody. They applied for bail and their application for bail was granted by the learned Additional Sessions Judge at Aurangabad and they have been so released.
(2.) One Abdul son of Mohd. Saheb who was not arrested by the police came before the Sessions Court at Aurangabad and applied for anticipatory bail under Section 438 of the Criminal Procedure Code on 19-7-1986. The Court granted to him the interim bail on 20-7-1986 and on hearing the learned the Public Prosecutor, this interim bail came to be confirmed on 1-8-1986. The prosecution has challenged this order before this Court and that application is registered as Criminal Application No. 283 of 1986.
(3.) Similarly, five more persons applied for anticipatory bail before the Sessions Court at Aurangabad on 19-7-1986. Interim bail was granted to them on 20-7-1986 and on hearing the learned Public Prosecutor, the Court confirmed that bail on 1-8-1986. It is this order which has been challenged before this Court and that application is registered as Criminal Application No. 284 of 1986. As both of these applications arise out of the same incident, it would be convenient to dispose of both these applications by this common judgment.