(1) CRI.APP. 3232.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3232 OF 2010 Lakhan S/o Subhash Salunke, Age : 20 years, Occu.: Service, R/o Rahuri Sugar Factory Chal No.19, Rahuri, Tq. Rahuri, Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra Copy to be served on G.P. High Court, Bench at Aurangabad .. Respondent WITH CRIMINAL APPLICATION NO. 3233 OF 2010 Prasad @ Pappu S/o Dhondiram Borse, Age : 26 years, Occu.: Labourer, R/o Rahuri Sugar Factory Chal No.19, Rahuri, Tq. Rahuri, Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra Copy to be served on G.P. High Court Bench at Aurangabad .. Respondent ... Mrs. Sadhana S. Jadhav, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 4TH OCTOBER, 2010 ORAL ORDER:- 1. These are Applications for bail. 2. The incident giving rise to the filing of the FIR is said to have occurred in the night between (2) CRI.APP. 3232.2010+1 2nd and 3rd March, 2010. There had taken place some exchange of hot words between group members of Abasaheb Warkhade and the complainant i.e. Sampat Musmade. It appears that in the relevant night at about 10.00 pm. Dattatraya Yewle and Ashok Musmade told the complainant-Sampat Musmade that they would go to the house of Balasaheb Warkhade for the settlement of the dispute. They went towards residential premises of said Balasaheb but did not return. On next day morning, dead bodies of Ashok Musmade and Dattatraya Yewle were found in a canal situated near Chothe locality. It was also found that Dattatraya Yewle had sustained a head injury caused by some sharp and pointed weapon and both of them had also sustained bullet injuries. 3. Heard learned Advocate for the applicants and learned APP. 4. The chargesheet has been filed after due investigation. Statement of PW Sandeep Dawkhar prima facie shows that in the relevant night main accused i.e. Abasaheb Warkhade had been to his house. The (3) CRI.APP. 3232.2010+1 pant of Abasaheb Warkhede was blood stained. He was accompanied by applicant Prasad alias Pappu Borse and one unknown person. He subsequently identified the said person as applicant Lakhan. 5. It is true that evidence prima facie show that main accused, namely, Abasaheb Warkhade shot the deceased persons by using firearm (pistol). It is explicit that no particular act is attributed to the applicant Lakhan and he was not identified by witness Sandeep at the relevant time. What appears from the record, however, is that one Genuji Rajule had noticed quarrel between the deceased on one hand and main accused Abasaheb alongwith Prasad alias Pappu on the other hand. There is prima facie evidence to show that main accused Abasaheb and applicant Prasad alias Pappu were together and had used the same motorcycle. It appears that the motorcycle was recovered at the instance of applicant Pappu alias Prasad. It is worthy to be noted that Dattatraya Yewle was found to bear head injury on his head besides the gunshot injury. Needless to say such injuries could not have been caused only by Abasaheb (4) CRI.APP. 3232.2010+1 who had used the pistol at the relevant time. 6. Considering the fact that the applicant Prasad alias Pappu was with the main applicant, I am inclined to hold that Prasad alias Pappu is not entitled to seek bail. There is prima facie evidence of his being accomplice of main accused Abasaheb. Hence his Application (Criminal Application no. 3233 of 2010) stands dismissed. The application filed by Lakhan Salunke (Criminal Application no. 3232 of 2010) is, however, allowed and he is directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety to the satisfaction of the Court of Sessions and on condition that he shall not contact any of the prosecution witness nor shall enter the limits of Rahuri taluka during the pendency of the trial of the Sessions case. 7. Both Applications are accordingly disposed of. Sd/- [V.R. KINGAONKAR, J.] arp