1 Cri-A-5437-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5437 OF 2010 1. Samir Hitachand Nadaf ) Age 25 years, occu. Business. ) 2. Hitachand Bapulal Nadaf ) age 55 years, Occu: Business ) Both residing at Aashta, Tal.Walwa, ) Dist. Sangli. ) (at present in District Prison Sangli ).. Applicants Vs. The State of Maharashtra )Responent Mr. Umesh R.Mankpure,Advocate, for the applicants. Ms. P.P.Shinde, APP, for the respondent- State. CORAM: J.H.BHATIA,J. DATE : 7th January, 2011. P.C. 1. The applicants who are accused Nos. 2 and 3 respectively in Crime No.75/2010 registered by Aashta Police Station under Sections 302, 307 read with Sec.34 of IPC, have moved this application for bail. 2. Heard the learned Counsel for the applicants and the learned APP. Perused the police papers. 2 Cri-A-5437-10.sxw 3. Prosecution case, in brief, is that the relations between the family of Tausif Sallauddin Shaikh, who lodged the FIR of his case and that of accused No. 2 Hayatchand were strained. Accused No.1 Salim and accused No.2 Sameer, are sons of accused No.3 Hayatchand. On 11.7.2010 at about 7 p.m. some quarrel took place between accused No.1 Salim and accused No.2 Samer on one hand and Shoib and Majid, the cousins of Tausif on the other. Some people intervened and separated. After some time, Tausif, his brother Shoib and cousin Majid were proceeding towards their house. On the way, accused N.1 Salim armed with dagger (Jambiya) and accused No.2 Sameer and accused No.3 Hayatchand armed with sticks came running from their house. Salim told Majid that he would not leave him alive and saying so, he stabbed on the neck and abdomen of Majid. He also assaulted on the head of Shoib with the dagger. Accused No.2 Sameer and accused no.3 Hayatchand allegedly beat Majid and Shoib with sticks. Tausif tried to intervene, but they also rushed towards him and therefore Tausif ran away towards his house. In the said incident, Majid suffered several injuries and died. Shoib suffered injuries on his head. On the basis of the report lodged by Tausif, offence under Sections 302, 307 read with Sec. 34 of IPC came to be registered against all the three accused. 3 Cri-A-5437-10.sxw 4. Learned APP pointed out that on the basis of information given by accused No.3 Hayatchand, two sticks and blood stained clothes were recovered and this provides corroboration to the prosecution story. However, on perusal of the post-mortem report of Majid, it appears that he had suffered two stab wounds and three injuries described as cut wounds. All those injuries were caused with the sharp and cutting weapon. No other injury was discovered on his person. The cause of death was hemorrhagic shock due to injuries to chest which was the result of the two stab wounds on the right lateral part. Medical Certificate of Shoib shows that he had suffered incised wound over the left parito occipital region. That injury was also caused by a sharp and cutting weapon. Even as per the FIR, only accused N.1 Salim was armed with Jambiya i.e. sharp and cutting weapon. No injury was found on the body of Majid or on the person of Shoib which could be caused with the sticks allegedly used by the present applicant. 5. In view of the above circumstances, the applicants i.e. accused Nos. 2 and 3 are hereby granted bail and they be released on their executing P.R. of Rs. 20,000/- each with one surety in the like amount with condition that they shall not tamper with prosecution evidence. (J.H.BHATIA,J.)