{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4538 OF 2009 1. Baban s/o Parasram Chavan Age-40 years, Occ-Agril 2. Ramesh s/o Pandu Chavan Age-26 years, Occ-Agril 3. Rajaram s/o Reva Chavan Age-45 years, Occ-Agril All R/o Ambhoda Kadam, Tq-Mantha, Dist-Jalna APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for applicants Mr.N.B.Patil, APP for respondent State Mr.R.J.Nirmal, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 21st January 2010 PER COURT: 1. By this application, the applicants have moved this Court for their release on bail in connection with CR No.119/2009 registered with Mantha Police Station, Jalna for an offence {2} punishable u/s 143 to 149, 326, 324, 323, 337, 504 and 302 of the IPC and u/s 135 of the Bombay Police Act. 2. This offence came to be registered on 10.10.2009 and subsequently, when the injured Dayaram expired on 11th October 2009, the same came to be converted u/s 302 of the IPC. Initially, 13 accused were arrested, however 10 out of them are already released on bail. The applicants No.1 and 2 are arrested on 13.10.2009 while applicant No.3 is arrested on 14.10.2009 and since then they are in jail. Investigation in this case is already over and charge sheet has been filed in the competent court of law. 3. Considering the rival submissions, it is necessary to deal with the allegations against the three applicants separately. As per the complaint as well as statements of the eye witnesses, applicant No.1 had assaulted deceased Dayaram, applicant No.2 had assaulted Gayabai while applicant No.3 had assaulted the complainant. Medical certificates of all the three injured show that the injury noticed on the person of Gayabai is simple in nature whereas no injury was noticed on the person of the complainant. Thus, at least at this stage, case of applicants No.2 and 3 cannot be treated at par with applicant No.1. It is opined in the PM notes that the death of the victim caused due to head injury. Injuries mentioned in the PM notes suggest that after the injured was admitted in the hospital, he undergone surgery. Injuries No.1 and 4, found on the person of the deceased are described as sutured. {3} Considering these aspects it has also to be taken into consideration as to on which part of the body the said injuries are noticed and the same are noticed on head and private part of the deceased. Now, it has to be taken into consideration as to whether the assault was made by applicant No.1 with an intention to kill. Admittedly, applicant No.1 has given blow of an axe from the back side i.e. from blunt side and not from the sharp side of the instrument. True it is that the applicant has assaulted the deceased, however, this is not a stage to consider as to applicant has assaulted the deceased with an intention to kill. The circumstances suggest that, as the sharp side of the instrument was not used, prima faice, there appears no intention of the applicant No.1 to commit murder of the deceased. In the premise and considering the fact that the applicants are in jail for more than 4 months and the applicants undertake that they would not enter Mantha Taluke, after their release, case is made out for their release on bail. 4. Learned APP and learned counsel for original complainant placed on record copies of the application indicating that the co-accused, who are released on bail, are giving threats to the witnesses. However, on query, it is informed that the police has not taken any action. 5. Considering the injuries caused by applicants No.2 and 3, which are simple in nature and in view of the fact that the {4} injury caused by applicant No.1 is by using blunt side of the instrument and also in view of the fact that there is dispute over the property, there are less chances of tampering of witnesses, the applicants can be granted bail by imposing some stringent conditions. 6. In the result, the application is allowed. The applicants be released on bail on their furnishing solvent surety in the sum of Rs.25,000/- each and on executing PR bonds in the like amount. Applicants are prohibited from entering in Mantha Taluka till disposal of the sessions case. [A.V.POTDAR, J.] drp/A10/criapln4538-09