1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3221 OF 2009 Gorakh S/o Kashinath More and others Versus The State of Maharashtra. *** Mr. S. K. Salunke, Advocate for the Applicant. Mr. V. D. Godbharle, A.P.P. for the Respondent / State. *** CORAM: K. U. CHANDIWAL, J. DATED: 1st OCTOBER, 2009. 1. Heard. The accused/ applicant in custody from 19th April, 2009 in C.R. No.61 of 2009 registered with Dindrud Police Station for the offence under sections 147, 148, 149, 302. 323. 504. 506 of IPC seeks bail. 2. The complainant Smt. Varsha lodged report on 18th April, 2009 informing police that at around 04.00 p.m. accused No.1 Gorakh came to her house and demanded amount/ dues from her brother Suresh and there was a brawl between them. Other brother Satish at such time, was present. Apart from the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. accused/ applicant Gorakh Dasharath More, Balu More, Hanumanth Ughade strangulated her father Laxman Kishan Jadhav, aged 55 years. There were stick attacks by Dashrath and Hanumanth at the back side, at the shoulders, at the waist region to said Laxman. Resultantly, he succumbed. 3. Inquest was drawn on 18th April, 2009 at 22.00 hours, followed by postmortem notes. In furtherance of carrying the autopsy, the final cause of probable death was indeterminate, it was reserved for viscera for analysis. The results of analysis received from the office of Regional Forensic Science Laboratory, Aurangabad dated 15th July, 2009 indicate that there was 138 milligrams and 140 milligrams of ethyl alcohol per 100 grams, while the blood contain 152 milligrams of ethyl alcohol for 100 milliliters. 4. Considering the nature of allegations spelt out herein before, coupled with the postmortem notes and 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the C.A. report. The act does not appear to be associated with pre-meditation to eliminate said Laxman. He was under influence. I find that the custody of present accused/ applicants is not further required. Added to this, is the completion of investigation. 5. The only precaution for safety to the complainant and witnesses that can be taken is to direct the applicants to keep themselves away from the concerned village. Hence, order. 6. The accused/ applicant Gorakh S/o Kashinath More, Shrimant @ Balu S/o Sandipan More, Hanumanth S/o Angad Ughade and Dashrath S/o Kashinath More be released on their furnishing P.R.Bond and surety in the sum of Rs.25,000/- each [Rupees twenty-five thousand only, each], 7. The accused/ applicant shall not terrorise or influence the prosecution witnesses. They will not enter the village in particular for a period of one year. 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 8. They will stay at Dharur, Taluka Dharur, district Beed, for one year and shall furnish their address to the investigator with contact number. 9. The accused/ applicant shall attend the Court proceedings scrupulously. Application allowed in above terms. [K. U. CHANDIWAL, J.] Dated:01/10/2009. ans/3221