1 Cri.A.No.5105 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 5105 OF 2011 Ashok s/o Mohan Kharade ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT WITH CRIMINAL APPLICATION NO.5106 OF 2011 Mahesh s/o Annasaheb Mhaske ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr N.V. Gaware, Advocate for the applicants; Mr D.R. Kale, A.P.P. for respondent no.1; Mr P.P. Khandagale, Advocate to assist A.P.P. CORAM : R.Y. GANOO, J. DATE : 21st December, 2011 PER COURT : These two applications can be disposed of by a common order as both the applicants are concerned in one incident covered under 2 Cri.A.No.5105 of 2011 C.R. No.I-141 of 2011, registered with Newasa police station, District Ahmednagar. The incident is said to have taken place on 19.7.2011, at about 3.30 p.m. A perusal of the charge-sheet would go to show that applicant Ashok concerned in Application No.5105 of 2011 and applicant Mahesh concerned in Application No.5106 of 2011 along with the other persons had a quarrel with complainant Subhash Murkute as well as his wife Mrs Shobha and in the course of the said quarrel applicant Ashok and applicant Mahesh are said to have assaulted complainant with stick. Viju Kharade and Raju Kharade are alleged to have assaulted Mrs Shobha, who died in the course of the occurrence. Post mortem report is at page 81. According to learned Advocate Mr Gaware, the role alleged against the above named applicants is limited to assault to the complainant with stick and hence the present applicants can be released on bail. 2. Learned A.P.P. Mr Kale opposed the arguments advanced by learned Advocate Mr Gaware by contending that all the persons including the present applicants concurred and assaulted complainant and Shobha and, therefore, even if in the F.I.R. or other statements role alleged against the present applicants is restricted to complainant, the present applicants should be held responsible for the occurrence as a whole including death of Shobha. He, therefore, 3 Cri.A.No.5105 of 2011 prays for rejection of the bail applications. Learned Advocate Mr Khandagale joined learned A.P.P. Mr Kale and prayed that the bail applications be rejected. 3. It is true that the present applicants along with others had a fight with the complainant and Shobha. At the same time, role alleged against the present applicants will have to be considered for the limited purpose of deciding whether these applicants should be granted bail. The role alleged against the present applicants is already mentioned. Looking to the said role, namely giving stick blows to the complainant Subhash, it is clear that Subhash suffered contusion over middle 1/3rd of left leg, blunt trauma and contused lacerated wound on left parietal region. Looking to the injuries as also the role alleged, the present applicants can be granted bail. They cannot be detained till the trial is over. Hence following order is passed :- Criminal Application No.5105 of 2011 and Criminal Application No.5106 of 2011 are allowed. Respective applicant is granted bail in connection with C.R. No.I-141 of 2011, registered with Newasa police station, District Ahmednagar. Each of the aforesaid applicant is hereby ordered to be released on bail in the sum of Rs.20,000/- with 4 Cri.A.No.5105 of 2011 one surety in the like amount. Each of the applicant is directed to report to the concerned police station on every second Saturday, between 11.00 a.m. to 4.00 p.m. till evidence of material witnesses on behalf of the prosecution is recorded. (R. Y. GANOO, J.) amj/criap5105.11