1 BA-1134-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1134 OF 2011 Shri Prabhakar Dnyaneshwar Borhade ... Applicant (accused) vs. State of Maharashtra ... Respondent Mr. Vikas B.Tapkir,Advocate, for the applicant. Mrs. R.V.Newton,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 21st November, 2011. P.C. 1. The applicant, who is accused No.1 in Crime No.5/2011 registered with Junnar Police Station, Junnar, Dist. Pune, for the offences under Sections 302,323, 504, 506 read with Section 34 of IPC, seeks to be released on bail. 2. To state in brief, the deceased Sopan and the present applicant were real brothers and they had land adjoining each other. As per the FIR lodged by Alka wife of Sopan, on 22.1.2011, at about 1 p.m., the accused/applicant Prabhakar and his wife Bebi and son Kiran came to the field and asked the deceased Sopan as to why he had brought his tractor into the field of the accused 2 BA-1134-11.sxw for ploughing. On this, deceased Sopan admitted that he had committed mistake and he also offered apology. Inspite of this, the applicant assaulted him with an axe and gave a blow on the left arm causing severe bleeding injuries. He also beat Alka wife of Sopan with the wooden handle of the axe. After the incident, Sopan was taken to Government Hospital at Narayangaon on a motorcycle where he was declared dead. Post-mortem report reveals that Sopan died due to profuse bleeding as there was a deep cut to the artery of the left arm. The applicant is in custody since the date of the incident. The learned Counsel for the applicant states that even though the charge sheet is filed, charge is not yet framed and the trial has not commenced. 3. From the facts noted above, it appears that there was no previous enmity. The incident occurred abruptly. The applicant had given a single blow with an axe and that too on the left arm. He beat the wife of the deceased with a wooden handle of the axe. Taking into consideration the circumstances, in my opinion, bail may be granted to the applicant with certain conditions. 4. The applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence and shall report at Junnar Police Station on every 3 BA-1134-11.sxw Monday between 4 to 6 p.m. till end of the trial. (J.H.BHATIA,J.)