{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3135 OF 2010 Gorakhnath Parasram Kadam & others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. N.S.Ghanekar, Advocate for the applicants Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th August 2010 PER COURT: 1. By this application, the applicants have prayed to release them on bail in connection with Crime No.159/2010 registered with Vaijapur police station, Aurangabad, as the applicants are in jail for more than 40 days. 2. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation carried out till today. 3. Relations between the applicants, interse, are that applicants No.1 and 7 are real brother, applicants No.2,3,5 and 6 are sons of applicant No.1 and applicant No.4 is relative of the applicants. Even the complainant and injured persons are close {2} relatives of the applicants. Complainant is nephew of applicant No. 1 and injured persons are sons of the complainant. 4. The complaint alleges that the said incident has taken place in an agricultural field bearing Gut No.91 and known as Pangavan Shivar. The said incident took place at 3.30 p.m. and the complaint came to be lodged at 8.25 p.m on the same day. It is alleged that a well was being dug in the said field by the complainant to which the applicants were causing obstructions and were damaging the same. When this fact was came to the knowledge of the complainant, he rushed to the spot with his sons and altercation of words taken place between the parties and the applicants assaulted the complainant and his sons. In the said assault, the complainant and his sons sustained injuries. In respect of the same incident, a complaint is also came to be registered against the injured persons by applicant No.1. 5. During the course of submissions, it is brought to my notice that in respect of the land in question, where the well is situated, RCS No.405/2010 is filed by applicant No.7 and an order of injunction not to dig well in the said field, came to be passed by the competent court. As inspite of the injunction order the well was being dug, the dispute arose between the parties. Perusal of the papers of investigation indicates that on the date of the incident free fight took place between the two groups. The allegations in the complaint are supported by the injured witnesses and hence {3} presence of the applicants at the spot at the relevant time cannot be disputed, even the fact that altercation of words has taken place also cannot be disputed. The injuries sustained by the injured persons are superficial in nature. Considering the fact that, initially the injured were admitted in Government hospital from where they were discharged and admitted in a private hospital from where also they were discharged on 6th July 2010, which indicates that the injured were taking treatment about 2 weeks after the incident. Admittedly, there is no dislocation of any organ, particularly, injuries are not inflicted on vital part of the injured persons. In the premise, and considering the fact the investigation is practically over coupled with the fact that the applicants are behind bars for more than 40 days and there are cross complaint and the accused in other offence are released on bail, the applicants are entitled to be released on bail. 6. In the result, the application is allowed. All the applicants be released on bail on their furnishing surety in the sum of Rs.20,000/- each and on executing PR bonds in the like amount, if not required in any other offence. Applicants are directed not to contact the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln3135-10