1 Criminal Application No.4872/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4872 OF 2010 Chhabu s/o Namdeo Chavan ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri D.S. Manorkar, Advocate holding for Shri S.G. Ladda, Advocate for applicant Shri K.S. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st March, 2011 PER COURT : 1. Heard. The applicant, in custody from 7.10.2010, in Crime No.35/2010, registered at Waluj Police Station for an offence under Sections 302, 323, 504, 506 read with Section 34 of the Indian Penal Code, seeks release on bail. 2. On 18.4.2010, Somnath Pawar expired a natural death. His funeral was attended by several persons including family of Sulochana Chavan, Mahendra Chavan and Ashabai. No sooner they returned from funeral of said Somnath, the accused/ applicant Chhabu Chavan, Sulochana, Mahendra started abusing the complainant, his family members and mother Ashabai. They started 2 Criminal Application No.4872/2010 assaulting the complainant by a log. In such melee, Ashabai intervened, Sulochana controlled her. It is alleged, the accused/ applicant Chhabu and Mahendra informed each other first to ensure elimination of Ashabai and then to proceed for Deepak. Resultantly, Chhabu and Mahendra assaulted Ashabai with log in which she was battered and succumbed. This gave rise to F.I.R. referred above. Other accused were arrested, however, the accused/ applicant absconded. He was shown as absconding in the charge sheet. As said, he surrendered on 7.10.2010 and consequently, subsequent charge sheet is filed. The above aspects of the mater more lean to suggest a sudden provocation by using the log to assault. Intention/ aim was Deepak and not Ashabai, but she lost her life due to intervention. The other accused, wife of the applicant and Mahendra are released on bail. The clog for the release of the accused/ applicant could be at the most he was absconding, no sooner the incident has taken place and the matter was reported to police. Charge sheet is already filed, though role played by the accused/ applicant is identical to Mahindra, his absconding has added fuel to the situation. However, that by itself should not disentitle him from bail with conditions. Hence order : O R D E R 3 Criminal Application No.4872/2010 3. The accused/ applicant Chhabu s/o Namdeo Chavan be released on his furnishing P.R. bond and surety in the sum of Rs. 25,000/- with one surety in like amount. The accused/ applicant shall attend the investigator i.e. Waluj Police Station on every alternate Sunday between 3.00 p.m. to 6.00 p.m. till conclusion of trial. The accused/ applicant shall not coerce, pressurize the witnesses, he shall also scrupulously attend the Court proceedings. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri4872.2010