1 Criminal Application No.1835/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1835 OF 2011 Datta s/o Madhavrao Warle & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri P.R. Katneshwarkar, Advocate for applicants Shri K.S. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 6th May, 2011 PER COURT : 1. Heard finally. Heard Mr. Katneshwarkar for applicants and learned A.P.P. extensively. Application of Datta s/o Madhavrao Warle and Shiva @ Shivraj s/o Datta Warle is withdrawn/ not pressed. Permitted. 2. In a dispute on a drain line intervening houses of two brothers namely Datta and Maroti, the incident has taken place on 22.12.2010. The statement of Anusayabai, widow of deceased Maroti and 4 others show that present accused/ applicant Madhav s/o Datta Warle and Anitabai w/o Datta Warle though were present 2 Criminal Application No.1835/2011 at the material time, however, prevented the villagers to intervene and informed that it was a dispute between his father and his uncle, villagers should not mend, and if somebody intervenes, he will face the consequences. So far as Anitabai is concerned, she has allegedly instigated her husband and son to ensure to eliminate Maruti. 3. The unison statement of Maroti Lingappa Warle, Laxman Linggaunda Shirgire, Anusayabai Maroti Warle, Shankar Shamte, Ashok Madhavrao Patil, Dashrath Pirganda Gorgale show presence of the accused/ applicant in the manner as stated above. No other overt act to assault Maroti has taken place at the behest of the accused/ applicants, no criminal record. 4. Survey of above facts illustrate that, further custody of the accused/ applicant is not expected as they are in custody from 14.1.2011 and 14.3.2011. Hence order : O R D E R (i) The accused applicants Madhav s/o Datta Warle and Smt. Anitabai w/o Datta Warle be released on their furnishing P.R. bond and a surety in the sum of Rs.20,000/- (Rupees twenty 3 Criminal Application No.1835/2011 thousand) each. (ii) the accused/applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected, to enrage the feelings of the complainant and the witnesses. (iii) the accused/applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. Considering the volume of evidence, learned Sessions Judge seized with the matter, shall expeditiously dispose of the Sessions Case. Application finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri1835.11