{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4004 OF 2009 1. Rambhau s/o Vithal Nimbalkar Age-27 years, Occ-Agri 2. Gangaram s/o Waman Wazir Age-25 years, Occ-Agri 3. Babasaheb s/o Bhimrao Phulge Age-22 years, Occ-Agri 4. Rajabhau s/o Chatrubhuj Wajir Age-18 years, Occ-Agri 5. Arjun s/o Bhimrao Phulge Age-28 years, Occ-Agri All R/o Phupimpalgaon, Tq-Majalgoan, Dist-Beed APPLICANTS VERSUS The State of Maharashtra Through Police Inspector, Majalgaon Police Station RESPONDENT ....... Mr.Amit Mukhedkar, Advocate for applicants Mr.B.J.Sonawane, APP for the State ....... WITH CRIMINAL APPLICATION NO.4011 OF 2009 1. Kamlakar s/o Balasaheb Umbare {2} Age-25 years, Occ-Agri R/o Phule Pimpalgaon, Tq-Majalgaon Dist-Beed 2. Namdev s/o Dhondiba Umbare Age-35 years, Occ-Agril R/o Phule Pimpalgaon, Tq-Majalgaon Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.R.N.Dhorde, h/f Mr.V.S.Kadam, Advocate for applicants Mr.B.J.Sonawane, APP for the State ........ WITH CRIMINAL APPLICATION NO.4058 OF 2009 Dnyaneshwar @ Pintu s/o Baliram Dhepe Age-26 years, Occ-Agri R/o Phule Pimpalgaon, Tq-Majalgaon Dist-Beed APPLICANT VERSUS The State Of Maharashtra Through Police Station, Majalgaon Dist-Beed RESPONDENT ....... Mr.S.J.Salunke, Advocate for applicant Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] {3} DATE: 9th December 2009 PER COURT: 1. By these applications, the applicants have approached this Court for their release on bail in connection with CR No. 124/2009, registered with Majalgaon police station for an offence punishable u/s 302, 324, 326, 143, 147, 148, 149, 336, 337, 504, 506 of the Indian Penal Code and u/s 3 (2) (5) and 3 (1) (x) of the Atrocities Act and u/s 4/25 of the Arms Act. 2. These applications are moved as the investigation in this offence is over and the charge sheet is filed on 18th July 2009. It is informed that the case is committed to the Court of Sessions and numbered as Sessions Case No.09/2009. 3. Before considering the individual submissions of the applicants, it is to be noted that the applicants in criminal application No.4011/2009 are surrendered on 24.09.2009, after their anticipatory bail application was rejected and since then they are in jail. Applicant in criminal application No.4058/2009 is arrested on 26th June 2009 and since then he is in custody, Applicant Balasaheb Phulge was arrested on 25th June 2009 while the remaining applicants are arrested on 26th June 2009 and since then they are in jail. 4. Heard learned counsel for the applicants, followed by {4} the submissions of learned APP, who is assisted by Mr.N.E.Deshmukh, learned counsel for original complainant. Perused the papers of investigation. 5. It appears that the said offence is registered on the basis of complaint of one Pravin Salve on 25.06.2009 in respect of an incident occurred in the afternoon of 25.06.2009 in front of his house. It is alleged that the applicants, along with others, attacked the house of his uncle by name Sadashiv. During the scuffle, uncle of the complainant sustained grievous injuries, which resulted into his death. It is alleged that these injuries are sustained during the attack of swords. Complainant also sustained injuries of swords on the back and remaining part of the body so also the father of the compliant suffered injures in the said attack. Other witnesses, including mother of the complainant, sustained injuries in the stone pelting on the house and also cause damage to the property of the uncle of the complainant. 6. During the course of submissions, learned counsel for applicants draw my attention towards the statements recorded of the witnesses as well as injured during the course of investigation and also towards the injury certificates of Bhikchand, Pravin and Sadashiv. At present, the medical certificates in respect of Pravin and Sadashiv are not material, as the application to that effect is filed by the applicants, against whom there are allegations i.e. Criminal Application No.4012/2009. Hence, the said medical {5} certificates are not dealt with in these applications. 7. Considering the statements of eye witnesses it appears that so far as applicant in application No.4011/2009 is concerned, the allegations against him are vague i.e. in respect of participation in stone pelting on the house of Sadashiv and abuses in the name of caste to the complainant and his family members. In the premise, at least at this stage, from the papers of investigation, other than vague allegations, there are no allegations against this applicant. 8. So far as applicants in other two applications are concerned, they are styled as assailants on Bhikchand. It is alleged that Gajanan assaulted Bhikchand with iron rods as well as Rambhau and Pintya assaulted him with sticks. In this connection medical certificate issued to the injured Bhikchand plays vital role. From the said certificate it can be seen that there are 4 injuries on the person of said Bhikchand out of these injuries, injury at serial No.4, it is opined that the object used for causing the said injury is sharp and blunt and so far injury at serial No.1 is concerned, it is incise wound and at serial No.2 and 3 are concerned, it is opined that the same can be caused due to hard and blunt object. So far as statements of the eye witnesses are concerned, it is alleged that the object used to assault Bhikchand is an iron rod as well as stick, there are injuries at serial No.2 and 3, which were found on the abdomen, forehead and legs. Nature of all the injuries is {6} simple. It has to be noted that if 4 persons have assaulted the injured with sticks then there is every possibility of more injuries than injuries at serial No.2 and 3. If there is incise wound on the upper portion of the body, then the object might be sharp cutting instruments, which may cut skin. In the premise, the very nature of the injuries, as described by medical officer, at the most can be termed as an offence u/s 323 or 324 of the IPC. In the premise, there are no allegations in respect of any overtact against Rambhau and Arjun. In the premise, all the applicants deserve to be enlarged on bail, as they are in jail for a considerable long period. 9. In the result, the applications No.4004/2009, 4011/2009 and 4058/2009 are allowed. The applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. The applicants not to enter in the area of Majalgaon police station unless required for trial. Applications stand disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4004-09