1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 145/2011 ( Prabhakar Madhukar Wankhede and another .vs. State of Maharashtra through PSO PS Daryapur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.V. Sirpurkar, Advocate for Applicants. Mr. S.S. Doifode, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 28, 2011 Heard. Though prayer for bail made by the charge sheeted accused nos. 3 and 4 by Daryapur Police Station as a result of investigation of Crime No. 153/2010 registered on 16.10.2010 for offences under Sections 143, 147, 149, 341, 307 and 302 read with 34 of IPC regarding an incident which had occurred in a night in between 15th and 16th of October, 2010 in which it is alleged that the charge sheeted accused enraged due to return of son of accused no.1 by Police to the wife of accused no.1, had chased the first informant and deceased who had also accompanied herself and others for receiving back custody of the child and all of them is said to have assaulted first informant and deceased, is vehemently objected by the learned APP on the count of 2 the applicants entertaining a common object to kill and/or to do away the first informant and deceased , by drawing the attention to the recitals from the FIR to the effect of accused no.2 at the Police Station threatened that they will not allow them to reach the house and the further recital that at the time of halting the motorcycle , accused no.1 and accused no.2 having repeated the same and urging that during incident all of them having acted in prosecution of such a common object, still after taking into consideration the motive behind the crime as revealed from the FIR and the other material not revealing the applicants having reiterated such a threat at any point of time, there being no specific material of accused no.3 having assaulted the deceased while the allegations against accused no.4 being himself upon the body of the deceased and taking into consideration the phase at which the assailants had left the spot, it is prima facie difficult to perceive that the applicants can be said to be entertaining the same common object as entertained by the main assailants. Such an inference prima facie emerges in view of specific recitals in the FIR of accused no.3 during the assault having stated that not to use gupti and assault in a manner as to cause non-bleeding injury and taking into consideration the prime cause of death of the deceased being asphyxia due to strangulation and the nature of injuries caused to the first informant. The present order being passed at an interim stage, the detailed dilation about the material in the shape of the first information report and the other statements is hereby avoided in order to avoid prejudice to either side at the time of the trial. In view of the 3 same, the discretion deserves to be exercised in favour of grant of bail to the applicants by imposing certain conditions to ensure that such an incident is not reoccurred in future and they are available at the time of the trial. The applicants are directed to be released on bail in connection with said crime upon furnishing P.R. Bond by each in the sum of Rs.1,00,000/- (Rs. One Lac) with one surety in like amount and subject to the conditions that applicants - i) after their release on bail, the applicants shall not shall not leave the precincts of Murtizapur Police Station in which they are staying, save and except for attending the court cases and they shall also attend the said Police Station on every Monday in between 6 p.m. and 7.30 p.m. until further orders; ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai