1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4314 OF 2011 GANPATI TIPANNA MALWADE VERSUS THE STATE OF MAH ... Advocate for Petitioners: Mr.Patil Milind APP for Respondents/State: Mr.KJ Ghute-Patil ***** CORAM : K.U.CHANDIWAL, J. DATE : 28th NOVEMBER, 2011. PER COURT : 1) Heard. Perused the investigation papers. 2) Applicant – Ganpati, aged 71 years, seeks bail in Crime No.16/2011 of Shirur Anantpal police station, district Latur for offences under Sections 302, 147, 148, 149 of Indian Penal Code. 3) The applicant is in custody with his son and anothoer since 9.2.2011. After investigation, charge sheet is filed. 4) Learned Counsel for the accused/applicant pleads that reading the investigation papers, it appears the case more leans to accidental death of deceased Tulshiram 2 than any homicidal death. There is no eye- witness to the events. There is no recovery from the accused/applicant or no detection of blood- stained apparels. He reiterates, a civil litigation in respect of agriculture land successfully achieved by the applicant up to the Supreme Court, is given colour of criminal prosecution. 5) The post mortem notes of Tulshiram and incriminating circumstances illustrate that he was brutally assaulted by means of sharp edged weapon, smashing his head and brain material permeated, which was lying at a distance. The dead body had fractures at the elbow and scratches at the legs. At this stage, theory of accidental death does not receive momentum to appluad. 6) The recovery primarily established proceeds against Dnyandeo Ganpati Malwade and Sambhaji Pandharinath. This is more so, reflected in the memorandum panchanama dated 19.2.2011 and 14th February, 2011. 7) There is no criminal antecedents to accused applicant. As charge sheet is filed, the applicant is 71 years old, has roots in the society and recovery is not surfaced at his 3 instance, the applicant/accused deserves to be released on bail on conditions: ORDER 1) The accused/applicant – Ganpati Tipanna Malwade be released on his furnishing PR bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand). 2) The accused/applicant shall not commit any offence similar to the offence to which he is accused of or suspected of the commission of which he is suspected and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 3) The accused/applicant shall not enter the limits of village Mushirabad, Tq. And Dist. Latur till conclusion of the trial. He shall stay either at Nilanga or at Latur and for such purposes, applicant, after his release, shall inform the Investigator about his changed place of abode and communication/contact number. 4) The accused/applicant is at liberty to attend the court proceedings either at Nilanga or at Latur. 4 5) The applicant shall give attendance to the nearest police station after selecting temporary abode on every last Sunday of the English calendar month between 12.00 noon and 5.00 p.m. till conclusion of trial. The Incharge or the Ammaldar of the concerned police station, shall necessarily pass acknowledgment in a diary to be maintained by the accused/applicant. 5) Criminal Application is allowed in the aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/