( 1 ) cria4927.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4927 OF 2010 1. Ramesh s/o. Shelya Walvi .. Applicants Age. 20 years, Occ. Agri. 2. Deka s/o. Bamnya Walvi Age. 27 years, Occ. Agri. 3. Indya s/o. Gujrya Pawara Age. 25 years, Occ. Agri. All are r/o. Chhinalkuwa, Tq. Dhadgaon, Dist. Nandurbar. Versus The State of Maharashtra .. Respondent Mr. H.D. Patil, Advocate for the applicants. Mr. N.H. Borade, A.P.P. for the respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 21.12.2010 P.C. :- 1. The application is for bail. ( 2 ) cria4927.10 2. Heard. 3. The F.I.R. purports to show that wife of deceased Bhima Vasave had gone to her parents’ house along with minor daughter, after quarrel between the spouses, since about couple of months before the alleged incident. On 25.10.2010 Bhima Vasave told her brother that he wanted to see the daughter. He wanted to go to village Chhinalkuwa and therefore demanded amount for the transportation charges. The first informant requested him not to go to the house of in-laws, but he did not pay any heed to the advice. He borrowed Rs.80/- from one Ugrawanya Vasave and left the village to go to the in-laws house with a view to see his minor daughter. On 26.10.2010 the informant came to know that the dead-body of Bhima was deposited in the mortuary at Dhadgaon P.H.C. He went to the mortuary. He noticed injuries on the forehead and the face of deceased Bhima Vasave. He also noticed injuries around his neck and gathered that deceased Bhima was strangulated or throttled by neck. ( 3 ) cria4927.10 4. Considering the investigation papers, it prima facie appears that there is eye witness account tendered by Jaysing Walvi regarding the incident of assault mounted by the applicants and father-in-law of deceased Bhima along with others in front of their house. It appears, however, that P.W. Jaysing Walvi witnessed the incident to the extent of initial part and pleaded that the applicants and others to stop beating, but they threatened him and therefore he went away towards his house. Even considering the eye-witness account, it prima facie appears that none of the applicant was armed with any weapons. Secondly, what appears from the record is that there was a quarrel between the deceased and his wife and though she and her parents did not wish him to visit her parents’ house, yet undaunted by the response, he had gone to in-laws house. He was expelled from the house by the parents of the wife. It is prima facie clear that Bhima Vasave was not ready to give up though he was threatened earlier also that he will be done to death. He was demanding the minor daughter from the wife. It appears that his intention was to forcefully take away the minor daughter by hook or crook from the custody of wife. Even assuming that ( 4 ) cria4927.10 the applicant, father-in-law of the deceased and others assaulted deceased Bhima in the open place outside the in- laws house, then also it is difficult to attribute intention to cause the death. They were not armed with any weapon. The cause of death is stated to be asphyxia as a result of strangulation or throttling and head injuries. The applicants are inhabitants of village Chhinalkuwa. It would suffice, if they are directed to reside away from Dhadgaon Taluka during pendency of the Sessions Case, so as to ensure fair trial. 5. In the result, the application is allowed. The applicants are directed to be released on bail on furnishing of the bail bonds in sum of Rs. 20,000/- (Rupees Twenty Thousand Only) each with solvent surety bonds in the like sum to the satisfaction of the Court of Sessions, Shahada and on further condition that they shall furnish undertaking to the Court of Sessions while furnishing the bail bonds that they shall not enter limits of Dhagaon Taluka until the Sessions Case is decided. The applicants shall not contact any of the prosecution witnesses and shall make no attempt to tamper ( 5 ) cria4927.10 with the evidence of the prosecution. They shall report their presence to the P.S.O. at Shahada on each Tuesday and Saturday between 8.00 p.m. to 10.00 p.m. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cria4927.10