1 crap3839.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3839 OF 2011 1 Pandurang s/o Baburao Jadhav, age 29 years, occ. Agriculture, 2 Sandeep s/o Baburao Jadhav, age 25 years, occ. Agriculture, both r/o Halli, Tq. Degloor, District Nanded ...Applicants VERSUS 1 The State of Maharashtra, through the Police Inspector, Police Station,Markhel, Tq. Degloor, District Nanded ...Respondent ..... Shri V.D.Salunke, advocate for applicant nos. 1 and 2 Smt. R.K.Ladda, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 16 th September, 2011 PER COURT : 1 Perused the investigation papers which were made 2 crap3839.11 available for inspection purpose as well as heard learned counsel for the parties finally. 2 After hearing the learned counsel for the parties extensively, Shri Salunke, learned counsel for the applicant nos. 1 and 2, on instructions, seeks leave to withdraw the present application to the extent of applicant no.2, namely Sandeep s/o Baburao Jadhav. In view of the said submission, leave granted and present application stands dismissed as withdrawn in respect of said applicant no.2. 3 As regards, applicant no.1 Pandurang Baburao Jadhav, he has preferred present application seeking regular bail in connection with C.R. No. 36 of 2011, registered at Markhel police station, Taluka Degloor, District Nanded, for the offences punishable under Sections 302, 147, 148, 149, 324, 452, 504 of the Indian Penal Code and Section 135 of the Bombay Police Act. 4 It appears that dying declaration, dated 21.5.2011 given by the victim, namely Satish Apparao Jadhav was treated 3 crap3839.11 as complaint and crime has been registered on the basis of the said complaint on the same day. 5 The dying declaration-cum-complaint reflects the name of applicant no.1, namely Pandurang and attributes specific role to him in the occurrence of the incident that he gave a blow of axe on the left leg of the said victim. However, there are general and omnibus allegations against said applicant no.1 Pandurang in the second dying declaration, which was recorded by the Special Judicial Magistrate, District Nanded on 21.5.2011 that applicant no.1 Pandurang Baburao Jadhav, applicant no.2 Sandeep Baburao Jadhav, Narsing Sopan Jadhav, Dnyaneshwar Maroti Jadhav, Babu Gyanoba Jadhav and Sopan Gyanoba Jadhav, all together assaulted the complainant and gave blow of axe on his leg and no specific allegation has been made against applicant no.1 and said second dying declaration is silent in that respect. 6 It is the matter of record that one axe was discovered at the instance of applicant no.1 Pandurang under the memorandum panchanama under Section 27 of the Evidence 4 crap3839.11 Act from the place i.e. corner besides his house and same was seized thereunder. 7 However, the postmortem report discloses that victim sustained 92 per cent burns and allegedly applicant no.2 Sandeep is the cause therefor and not applicant no.1 Pandurang herein. Even column no.17 of the said postmortem notes of the victim does not reflect any injury on the left leg of the victim, but column no.18 reflects injury over left ankle joint medially and the cause of death is stated to be shock due to burns. Hence, it is apparent that blow of axe allegedly given by applicant no.1 Pandurang cannot be construed as cause of death of the victim. 8 The investigation has been completed and charge sheet has been filed, and therefore, there is no propriety in keeping applicant no.1 in fetters further more, and therefore, he deserves to be enlarged on bail, but on certain conditions, till disposal of trial. 9 In the result, present application is allowed partly to 5 crap3839.11 the extent of applicant no.1 Pandurang Baburao Jadhav and it is directed that he be released on bail in connection with C.R. No. 36 of 2011, registered at Markhel police station, Taluka Degloor, District Nanded, on furnishing P.R. bond in the sum of Rs.25,000/- with one surety in the like amount, on the following conditions :- (i) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. (ii) The applicant shall give attendance before the concerned investigator once in a month i.e. on every first Monday of the month, till disposal of trial. 10 However, application of applicant no.2, namely Sandeep Baburao Jadhav is dismissed as withdrawn, as afore said. 11 The present application stands disposed of finally. 6 crap3839.11 12 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding the same on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3839.11