{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 30 OF 2010 1. Arun s/o Bhimrao Borde Age-20 years, Occ-Agriculture R/o Pimpalgaon Renukai Tq-Bhokardan, Dist-Jalna 2. Dadaro s/o Kundlik Weldode Age-32 years, Occ-Agriculture R/o Ghankheda, Tq-Jafrabad Dist-Jalna 3. Vijay s/o Pralhad Dabhade Age-24 years, Occ-Agriculture R/o Hasnabad, Tq-Bhokardan Dist-Jalna APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.K.Barlota, Advocate for applicants Mrs.Yogita M.Kshirsagar, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 21st January 2010 PER COURT: 1. By this application, the applicants have prayed to {2} release them on bail in connection with CR No.52/2009 registered with Jaferbad police station for an offence punishable u/s 302, 323, 504, 506 and 34 of the IPC. Applicants No.1 and 2 are arrested on 12.07.2009 and applicant No.3 is arrested on 12.07.2009 and since then they are in jail. In this offence, after completion of the investigation, charge sheet has been filed on 06.10.2009, hence this application for bail. 2. Considering the rival submissions and in the light of the PM noes, it cannot be disputed that the death of the deceased is homicidal. Considering the statements of the injured and eye witnesses, it appears that the incident has occurred in the morning of 11th July 2009 and it also appears that the applicants are acquainted to the complainant and the injured witnesses and hence there is no question of mistaken identity. In the premise, it has to be considered as to whether the act committed by the applicants is an intentional or otherwise. It appears that the dispute aroused between the applicants and the complainant, as the applicants were passing though the field of the deceased on a bullock cart and at the spur of moment altercation took place. In the sudden assault, father of the complainant sustained injuries and he succumbed to the same. In the premise, it cannot, prima facie, be concluded that the act of the applicants is an intentional one. In view of the fact that the applicants are in jail for more than 6 months and considering the fact that investigation is over, it is not desirable to detain the applicants in jail for an uncertain {3} period. 3. In the result, application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 20,000/- each and on executing PR bonds in the like amount. The applicants are directed not to tamper the prosecution witnesses. [A.V.POTDAR, J.] drp/A10/criapln30-10