(1) Cri. Application No. 3838 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3838 of 2011 Mohan @ Mohaniraj s/o. Maruti Kharade, Age : 70 years, Occupation : Agriculture, R/o. Deogaon, Taluka : Newasa, District : Ahmednagar. .. Applicant versus The State of Maharashtra. .. Respondent. ....................... Smt. S.S. Jadhav, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 3RD OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers and heard learned respective Counsel for the parties, finally. (2) Cri. Application No. 3838 of 2011 2. This is an application preferred by the applicant seeking regular bail in connection with Crime No. I-141/2011, registered at Police Station, Newasa (District : Ahmednagar), for the offences punishable under Sections 302, 326, 325, 143, 147, 148 and 149 of Indian Penal Code, and also under Section 37(1) (3), read with Section 135 of Bombay Police Act. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Subhash s/o. Daulat Murkute, on 19-7-2011, in respect of the occurrence of the incident on the same day at about 15.30 hours to 16.00 hours. On perusal of the contents of the said complaint, it appears that the name of the applicant, along with other co- accused persons, has been reflected therein. However, the overtact and role attributed to the applicant in the alleged occurrence of the incident is that he along with co-accused persons gave abuses to the complainant and chased the complainant, and assaulted him by stick, and kick and fist blows, which apparently, are general and omnibus allegations against the applicant and other co-accused persons. The injury certificate of the complainant Subhash discloses that he sustained three injuries as under : (3) Cri. Application No. 3838 of 2011 (1) Blunt trauma on left forearm. (2) Contusion on middle 1/3rd of left leg - 5 X 5 cm. (3) CLW on left parietal region - 4 X 1 X 1 cm. It appears from the contents of the FIR, that the injury no.1 i.e. blunt trauma on left forearm, and injury no.3 i.e. CLW on left parietal region, appear to have been caused by the assault on the complainant by the co-accused, namely, Viju s/o. Ramdas Kharade and Raju s/o. Ramdas Kharade, and not by the applicant herein, and the injury no.2 i.e. contusion on left leg appears to have been caused during the assault on the complainant allegedly made by the applicant and other two co-accused, but in that context, no specific allegation has been made against the applicant. 4. Apart from that, it is apparent that the death of wife of the complainant, namely, Shobha, took place during occurrence of the incident, but the contents of the FIR disclose that there is no role attributed to the applicant herein in that respect. Moreover, it also appears that there is no recovery / discovery from the applicant and/or at the instance of the applicant. (4) Cri. Application No. 3838 of 2011 Besides, the applicant has been arrested on 20th July 2011, and he is in custody since then till date. It is reported that the investigation has been almost completed but three accused are yet to be arrested. 5. In the circumstances, having comprehensive view of the matter, there is no propriety in keeping the applicant in custody further more, and he is entitled to be enlarged on bail, but on certain conditions. 6. In the result, Criminal Application is allowed, and it is directed that the applicant, namely, Mohan @ Mohaniraj s/o. Maruti Kharade, be released on bail, in connection with Crime No. I-141/2011, registered at Police Station, Newasa (District : Ahmednagar), on furnishing P.R. Bond in the sum of Rs. 20,000/- with one surety in the like amount, on the following conditions : (i) After release on bail, the applicant shall give attendance before the concerned investigator once in a week on every Sunday, between 4.00 p.m. to 7.00 p.m., till filing of the charge sheet. (ii) After release on bail, the applicant shall not enter into (5) Cri. Application No. 3838 of 2011 village Jeur Haibati (Taluka : Newasa, District : Ahmednagar), till filing of the charge sheet, and he shall inform his changed address to the concerned investigator forthwith. (iii) Applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. Present Criminal Application is disposed of finally. 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/3838ka