1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2164 OF 2010 1. Maroti S/o.Digambar Yelpudwad, Age-45 years, Occu-Agriculturist, 2. Shivaji S/o.Digambar Yelpudwad, Age-40 years, Occu-Agriculturist, 3. Tanaji S/o.Digambar Yelpudwad, Age-40 years, Occu-Agriculturist, 4. Digambar S/o.Rama Yelpudwad, Age-65 years, Occu-Agriculturist, 5. Avdhut S/o.Nagoba Yelpudwad, Age-25 years, Occu-Agriculturist, All R/o.Shikhachiwadi, Tq.Mudkhed, Dist. Nanded APPLICANTS VERSUS The State of Maharashtra Through P.S.Mukhed, Tq.Mukhed, Dist. Nanded. RESPONDENT Mr.N.N.Chitlange, learned counsel for applicants. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 10/2010, registered in Mudkhed Police Station of Dist. Nanded, in 2 which all these applicants were arrested on 04/02/2010, and after completion of investigation, charge sheet was filed, but the case is yet to be committed to the Court of Sessions. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. Papers of investigation discloses that the dead body of father of the complainant by name Maruti was found in their own field in the early hours of 04/02/2010, which indicates that the incident might have occurred in the intervening night of 03/02/2010 and 04/02/2010. As there was previous quarrel of the father of complainant with these applicants, who are close relatives, on suspicion, their names were arrayed in the complaint. On 04/02/2010 itself, all these applicants came to be arrested in connection with the said offence. 4. It appears that during the investigation, supplementary statement of the complainant Vishwanath and Dhondiba were recorded on 05/02/2010 wherein they have stated that on hearing the shouts of dog barking, they came out of their houses and noticed that these applicants have killed the father of complainant but due to fear, they have not disclosed this fact to anybody. As the dead body of the victim was found in smashed condition, this murder can be termed as brutal murder. One stone was found near the spot. During the investigation, the clothes on the person of the applicants 3 were seized under the seizure panchanama dated 04/02/2010. Even though there was brutal murder by smashing the head of the dead body, no blood stains appeared to be noticed on the clothes when the clothes were sent for chemical analysis. Thus so far as the circumstances which are against the present applicants, are the supplementary statements of 3 persons recorded on the next day of lodging of the CR against these applicants. The fact remains that the case is based on circumstances and if the case is based on circumstances, the chain of circumstances require to be completed, which did not appear on the face of it. If it is so, then the case is made out to enlarge the applicants on bail, hence order : O R D E R 1. Application is allowed. 2. Applicants be released on bail on furnishing solvent surety in the sum of Rs.20,000/- each and on executing PR bond in the like amount. 3. After released on bail the applicants are prohibited to enter at Shikhachi Wadi, Wasari Tanda, Tal.Mudkhed, Dist. Nanded, till the trial against applicants is finally disposed of. 4. In case of violation of this condition, prosecution is at liberty to apply for cancellation of bail. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2164-10