{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1661 OF 2010 Dhirji Dhedya Gavit and Another APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. Vijay Sharma, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 14th June 2010 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.37/2010 registered with Nawapur, Dist-Nandurbar police station for an offence punishable u/s 302 r/w 34 of the Indian Penal Code. 2. It is informed that both the applicants are arrested on 25th March 2010 and since then they are in jail. 3. Heard learned counsel for the applicants and learned APP. Perused the papers of investigation, carried out till today. 4. It appears that the said offence came to be registered on the complaint of one Sandip Kisan Gavit on 25th March 2010, as {2} dead body of his father was found on the bank of the river. It is alleged that in the afternoon of 21.03.2010, his father, deceased Kisan, had left his house along with the present applicants to consume liquor. Post Moretem notes indicate that the cause of death of the deceased is due to head injury. The external injuries and internal injuries mentioned in column numbers 17 and 19 tally with the cause of death, as mentioned in the PM notes. It appears that during the course of investigation, statement of one Itmabai Gavit, who is an eye witness to the said incident, is recorded on 17th April 2010. It is stated by the said witness that in the evening of 23rd March 2010, she had seen that applicant No.1 gave blow on the head of the deceased and at that time, applicant No.2 was with the first applicant and on seeing her at the spot, they had fled away. 5. Considering the evidence of the eye witness coupled with the cause of death described in the post mortem notes and the injuries found on the person of the deceased and in view of the fact that the investigation is still in progress, at least at this stage, it is not desirable to release the applicants on bail. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/B10/criapln1661-10