1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3443 OF 2009 Eknath S/o.Vithoba Gaikwad APPLICANT VERSUS The State of Maharashtra, Through Jafarabad Police Station RESPONDENT Mr.Anand Chawre, learned counsel for the applicant. Mr.N.R.Shaikh, learned APP for respondent/State (CORAM : A.V.POTDAR, J.) DATE : 19/11/2009 PER COURT : 1. After withdrawal of earlier criminal bail application no. 1401/2009 on 05/05/2009, this is a second bail application of the applicant for his release in connection with CR No.105/2008, registered in Jafarabad Police Station of District Jalna in an offence registered u/s.302, 506 r/w.34 of IPC. 2. As the notice of the application is already served on the state respondent, learned APP appearing for State placed the papers of investigation submitted alongwith the charge sheet for my perusal. 3. Heard learned counsel appearing for the applicant followed by 2 learned APP appearing for State. An offence was registered on 12/12/2008 on the complaint of one Durgabai Gaikwad, the wife of the deceased as her husband was assaulted by the present applicant, his wife one Savita. The incident occurred in the night of 09/12/2008 and was witnessed by the persons who had informed about the assault to the complainant and on receipt of this information, she went at the spot where the assault was in progress to her husband. 4. It is urged across the bar that the present applicant was arrested on 12/12/2008 and still is in jail. The evidence collected during the investigation about the statement of eye witnesses, there is variance. There is no motive so far as the present applicant is concerned which connect the applicant with the assault and the death of the deceased. 5. The application is vehemently opposed on behalf of State by the learned APP. 6. Perusal of the papers of investigation, particularly the notes of postmortem indicate that there were multiple surface injuries found on the body of the deceased and fracture injuries are mentioned in coloumn no.19(i)(ii) indicating that there is fracture to the skull of the deceased. The cause of death as shown in the post mortem notes is due to head injuries. 3 7. The statement of the eye witnesses recorded during the investigation discloses that this present applicant has assaulted with stick in his hand on the head of the deceased and the force of the said assault was such that the stick with which the deceased was assaulted, was broken in two pieces which shows the force used behind the stick blow given on the head of the deceased. Thus from the disclosure as to how the deceased was assaulted from the statements recorded by these two eye witnesses directly establish the nexus between the injury which caused death of the deceased and the blow given by the applicant, and if it is so, no case made out even though the applicant is behind bars for more than 1 year to release him on bail. The application sans merit. Application stands rejected. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3443-09