(1) CRI. APLN. 4679.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4679 OF 2010 1. Narayan S/o Rambhau Chavan, Age : 25 years, Occu.: Agril., R/o. Hiwarkheda, Tq. Mantha, Dist. Jalna 2. Ram S/o Kanhiram Aadhe, Age : 22 years, Occu.: Agri., R/o. Hiwarkheda, Tq. Mantha, District Jalna APPLICANTS VERSUS The State of Maharashtra, Through its Investigating Officer, Police Station Mantha, Dist. Jalna RESPONDENT ..... Mr. R.J. Nirmal, Advocate for the Applicants. Mr. D.V. Tele, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 9TH DECEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. Heard learned Advocate for the applicants and learned A.P.P. The alleged incident giving rise to the culpable homicide of Shankar Rathod occurred in the night of 25th June, 2010. (2) CRI. APLN. 4679.2010 3. The investigation papers prima facie indicate that brother of deceased Shankar, namely, Vasaram Rathod had asked the deceased to transfer the agricultural land in his name. He picked up a quarrel with deceased Shankar Rathod in the relevant morning. He assaulted Shankar Rathod during course of the quarrel. Therefore, Shankar Rathod counter- assaulted and dealt a stick blow on the head of his brother i.e. Vasaram Rathod. The quarrel was intervened and settled by some of the villagers. According to the prosecution, in the evening, Vasaram Rathod, his relative Uday Chavan and others came in front of the house of deceased Shankar Rathod. They alighted from a jeep vehicle. They forcibly got boarded Shankar Rathod in that jeep vehicle. They took him away. 4. It appears from the version of Savita Chavan and Sitaram Jadhav that the applicant was armed with an axe. It was found that deceased Shankar Rathod was done to death and the dead body was thrown away. The post-mortem notes prima facie show that deceased Shankar Rathod had received multiple injuries (3) CRI. APLN. 4679.2010 including amputation of his right lower limb which is above the knee. It is apparent that he was battered to death. There is no manner of doubt that he was mercilessly assaulted and due to the multiple injuries, he met with instantaneous death. The very fact that the presence of the applicant no.1 alongwith the main assailant Vasaram Rathod and others, in the same evening and his being armed with an axe are the tale-telling circumstances. So also, presence of the applicant no.2 Ram Aadhe was found to be in possession of the sword and in the company of group of the assailants who had kidnapped and forcibly taken away the deceased in that jeep vehicle. 5. In this view of the matter, both the applicants are not entitled to seek bail. The Application is dismissed. Sd/- [V. R. KINGAONKAR, J.] arp