1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1567 OF 2010 Sadashiv Balnath Nale ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.K.F. Shingare, Advocate for applicant. Mr.P.P. More, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 4th May, 2010. PER COURT : 1. Heard Mr.K.F. Shingare, learned Counsel for applicant and Mr.P.P. More, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.I-80/2010 registered with Vaijapur police station, Dist.Aurangabad for the offences punishable under Sections 427, 436, 504, 506 of Indian Penal Code, since applicant was arrested thereunder on 31st March, 2010 and he is in judicial custody presently. 3. It appears that offence has been registered on the complaint lodged by complainant namely Balanath 2 Patilba Nale on 28th March, 2010 in respect of occurrence of incident at about 6 p.m. on the same day. 4. Applicant is son of complainant and it appears that other brothers of applicant namely Dadasaheb Balanath Nale, Shravan Balanath Nale and complainant Balanath Patilba Nale are residing together. It appears that there is family dispute amongst them interse and applicant herein also lodged N.C. complaint against his said brothers and others on the same day i.e. on 28th March, 2010 with Vaijapur police station, Dist.Aurangabad. 5. It is alleged in present complaint that on 28.03.2010 at about 6 p.m. the informant was taking meal in his house and at that time, the applicant went towards him and asked him to give him some land for digging well out of his share from gat no.88. Thereupon the complainant asked applicant to wait as on that day there was fair in village and also asked applicant to show the place for well in presence of 4-5 respectable persons. However, still applicant insisted to show place on the same day itself. Complainant tried to convince the applicant, but applicant got annoyed and started abusing and threatening complainant to kill him. Thereafter, applicant left the house and while going away, he took out match box from his pocket and by igniting match stick, set the house on fire and fled away. It is also 3 alleged that due to the said fire, house and household articles of complainant were totally burnt and food grains worth Rs.74,000/- were also burnt. 6. On perusal of the investigation papers and after considering the rival submissions advanced by learned counsel for parties, it appears that during course of investigation, statements of witnesses have been recorded. Applicant is in custody since last more than one month and since there appears to be a family dispute between applicant and complainant, there is no propriety in keeping the applicant in custody furthermore and applicant is entitled to be enlarged on bail but stringent conditions are required to be imposed upon applicant while granting bail to him. 7. In the result, present application is allowed and it is directed that applicant be released on bail in connection with C.R. No.I-80/2010 registered with Vaijapur police station, Dist.Aurangabad for the offences punishable under Sections 427, 436, 504, 506 of Indian Penal Code, on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount, on the following conditions : (a) Applicant shall attend the concerned Police Station on written intimation as and when required till filing of charge sheet and shall co-operate with investigation. 4 (b) Applicant shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. (c) Applicant shall not enter into village Narala, Tq.Vaijapur, Dist.Aurangabad till filing of charge sheet. (SHRIHARI P. DAVARE) JUDGE gas/cri1567.10