1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.558/2011 Hari Mahadu Thorate ..vs.. State of Mah Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.D.Chande, Advocate for the Applicant Mr. P.D. Kothari , A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 12.10.2011. 1. Heard. 2. The applicant who has been arrested on 29.10.2010 in Crime no.416/2010 registered at Police Station, Washim for offence punishable under section 302 read with section 34 of Indian Penal Code has filed the present application for bail. 3. The allegation against the applicant and others is that on 29.10.2010 at about 9.00 p.m. Santosh Hari Thorat and Shilesh Pardhe brought Sunil and the granddaughter of Hari Mahadu Thorat within the compound and thereafter both assaulted Sunil with knife, sticks and iron pipe and inflicted knife blows on the left side of chest and thereafter Sunil was assaulted by Hari Mahadu Thorat (present applicant), Ashabai, Santosh Hari Thorat and Shailesh Pardhe with an intention to kill him. 4. The present position is that a charge sheet has been filed in respect of the said crime and the applicant is in magisterial custody. According to the applicant, the deceased Sunil had committed rape on the said granddaughter of the applicant who was only three years old at the relevant time and that he has no connection with the death of Sunil. 5. Learned advocate Shri Chande for the applicant has stated 2 across the bar that the wife of the applicant has died on 6.10.2011 due to breast cancer and that the presence of the applicant at home is therefore required for performing last rites etc and that there is no other male person in the family, at home. 6. I have perused the case papers. The statements of witnesses reveal that the present applicant has assaulted the deceased with red coloured stick. The cause of death is hemorrhage and shock due to stab injury. The stab injury is caused by knife which is recovered at the instance of Shailesh Pardhe. Stick has been recovered at the instance of the present applicant. 7. Considering the role of the present applicant and the other facts stated by the learned advocate across the bar, I am of the view that the applicant is now entitled to bail. 8. In the result, the application is allowed. The applicant shall be released on bail in Crime No.416/2010 registered at Police Station Washim for offence punishable under section 302 read with section 34 of Indian Penal Code upon execution of personal recognition bond in the sum of Rs.30,000/-(rupees thirty thousand) with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution witnesses and shall not leave India without previous permission of the court. The application stands disposed of accordingly. Hamdast granted. JUDGE SMP