1 Criminal Application No.509/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.509 OF 2011 Shivaji s/o Nagorao Vaidya ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.B. Bhapkar, Advocate for applicant Shri K.M. Suryawanshi, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 24th February, 2011 PER COURT : 1. Heard. The accused/ applicant Shivaji is brother of husband of deceased Indubai, wife of Dhondia Vaidya. The statement of Pavan, son of Dhondiba passingly implicates this accused Shivaji, informing that he has instigated Dhondiba to eliminate the victim on the next day in the field. There is no other evidence barring the one referred above. Role attributed to Narayan Nagorao Vaidya was also identical, who was in custody from 7.10.2010 in the incident dated 1.10.2010. The accused/ applicant is also in custody from 7.10.2010. 2. Considering the Bail Application of Narayan (Criminal Application No.411/2011) being allowed, same yardstick will have to 2 Criminal Application No.509/2011 be applied to the case of the present accused Shivaji. On a trifle issue there was a brawl between deceased and her husband Dhondiba in the earlier night, it is alleged that the applicant Shivaji, with Narayan and others, asked Dhondiba not to continue with the exercise and the victim can be eliminated on the next day by taking her to field. The statemnet of Pavan referred above, by all means, will not be taking parameters of offence under Section 302 of the Indian Penal Code. The accused are close relations. There are least chances of influencing witnesses. Charge sheet is also filed on 16.12.2010. considering the accusations referred above, the accused/ applicant deserves to be released on bail. Hence order : O R D E R 3. The accused/ applicant be released on his furnishing P.R. bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand). The accused/ applicant shall not influence the witnesses and shall attend the Court proceedings scrupulously. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri509.11