1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 495 of 2011 Motiram S/o. Barkaji Patankar ..Vs.. State of Maharashtra through P.S.O. P.S. Warud, Distt. Amravati Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : U.V. BAKRE, J. DATED : 26.9.2011. 1. Heard Mr. J. M. Gandhi, learned Advocate for the applicant and Mr. N. R. Rode, learned A.P.P. for the non-applicant. 2. The applicant, who has been arrested by Warud Police on 31/03/2011, in the Crime No. 72/2011 registered for offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, has filed this application for bail. 3. The allegation is that on 29/03/2011, the deceased Mahadeo Dafe was invited for meals by the present applicant in his field and subsequently the deceased was found dead on the road, situated at Chinchar Gawhan Shivar, which goes to Dadaji Dhuniwale Math. The allegation has been made against the present applicant and his four associates that they in furtherance of common intention committed murder of Mahadeo. 2 4. It is seen that there is no direct evidence against the applicant. No doubt, the cause of death of the deceased is cardio respiratory arrest due to head injury. Wooden stick has been recovered at the instance of the present applicant from the store room at his farm house. It is further found that the grandson of the deceased has stated that he had dropped the deceased at the farm house of the applicant in the morning of the day of incident. However, it is noticed that the said wooden stick has not been forwarded to the chemical analyzer and, therefore, there is doubt whether the said wooden stick has nexus with the crime. Admittedly, two of the co-accused namely Santosh Manohare and Gulabrao Tatte have already been released on bail. The applicant is 65 years old and has stated that he is suffering from various age related ailments. 5. Considering the nature of the evidence against the present applicant, his age and the fact that he is suffering from age related ailments and lastly since two of the co-accused have already been released on bail, I am of the view that present applicant deserves to be released on bail. 6. In the result, the application is allowed. The applicant shall be released on bail in Crime No. 72/2011, registered at Warud Police Station for offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, on execution of 3 personal recognition bond in the sum of Rs. 25,000/- with one solvent surety in the like amount under the condition that he shall not tamper with the evidence gathered by the Investigating Agency and shall not pressurize the witnesses who are resident of the same village. 7. Application stands disposed of accordingly. Hamdast granted. JUDGE Punde.