1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4380 OF 2010 1. Pralhad S/o Sopan Salve 2. Vilas S/o Pralhad Salve 3. Kalavatibai W/o Pralhad Salve 4. Kailash S/o Pralhad Salve All R/o Devegaon, Tq. Pathri, Dist. Parbhani. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. ٍS.S. Jadhavar, advocate for applicants. Mr. B.J. Shelke, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7 th December, 2010. PER COURT : 1. This is an application for bail. 2. The learned Advocate for the applicants seeks withdrawal of the application to the extent of applicant nos.1 to 3 on the ground that they are already released on bail by the learned Magistrate by granting them bail in default under Section 167(2) of the Criminal Procedure Code. Thus the application is pressed into service only to the extent of applicant no.4-Kailash 2 3. Having heard the learned Advocate and learned A.P.P., and perusal of the investigation papers, it prima facie appears that the incident occurred on 23.08.2010. There was dispute regarding the agricultural land gut no.67 between Pralhad Salve and the father-in-law of the informant i.e. Shripati Avhad. At about 3 p.m, the informant and her father-in-law i.e. Shripati Avhad along with other relatives went to the agricultural field Gut no. 67. They noticed that Pralhad Salve and others including present applicant-Kailash were plucking mung pods. They asked Pralhad Salve and others as to why they were plucking mung pods from their agricultural land. All of sudden, Pralhad Salve was annoyed. He told the informant and her father-in-law as to who were they to ask him and obstruct in plucking of mung pods. He picked up an axe which was kept in the mung pods. He dealt blow of an axe on the neck of said Shripati Avhad, which was missed by latter but the edge of the axe struck in his shoulder. Thereafter, Pralhad Salve assaulted Shripati Avhad by means of sickle. 4. So far as the applicant is concerned, there is vague allegations to the effect that he and his mother also assaulted the informant and others. 3 5. There are certain circumstances which should be (ought to be) noticed. Firstly, the applicant was not armed with any weapon. Secondly, the incident occurred due to sudden quarrel when plucking mungs pods was (objected) obstructed to by the informant and by her father-in-law. Thirdly, the main allegations are against Pralhad Salve i.e. the father of the applicant. The main accused persons i.e. Pralhad Salve and others now released on bail. There was no premeditation to cause any injury to the father- in-law of the informant. 6. For the reasons stated above, the applicant-Kailash is directed to be released on bail, on furnishing of bail bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with one solvent surety in the like sum and further on condition that he shall not enter the limits of village Devegaon (Galbe), Tq. Pathri, until the trial is completed and shall make himself available. (V.R.KINGAONKAR) JUDGE gas/cri4380.10