{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1110 OF 2010 1. Sanjay s/o Rambhau Patil Age-40 years, Occ-Agri. 2. Anil @ Bhaiyya s/o Rambhau Patil Age-26 years, Occ-Agri. 3. Sunil s/o Rambhau Patil, Age-30 years, Occ-Agri. 4. Bhaiya @ Chandrakant @ Bharat s/o Vitthal Patil, Age-26 years, Occ-Agri. 5. Nana s/o Khandu Rajput Age-49 years, Occ-Agri 6. Ashok @ Chhotu s/o Rambhau Patil Age-32 years, Occ-Agri All R/o Shanimandal, Tq & Dist-Nandurbar APPLICANTS VERSUS The State of Maharashtra RESPONDENTS ....... Mrs. S.S.Jadhav, Advocate for applicants Mr. B.V.Wagh, APP for respondent State Mr. Joydeep Chatterjee, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 7th April 2010 {2} PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.184/2009, registered with Nandurbar Taluka police station, as their earlier attempt to seek bail was unsuccessful. As now the investigation is over and the charge sheet has been filed on 25.01.2010, the applicants have again approached this court for their release on bail as they are behind the bars since 14th December 2009. 2. During the alleged incident, which occurred in the evening of 28th October 2009, deceased Yashwant was allegedly assaulted by the applicants which has resulted into his death. In this connection opinion of medical officer is material. The probable cause of death is given as “due to extrangulation of testis (trauma to testis) still viscera is preserved for chemical analysis for actual cause of death.” The certificate in respect of final cause of death indicates that the death occurred due to trauma to the testis. The PM was conducted within the 12 hours of death. 3. The allegations in the complaint, against the applicants is based on the information given by Dnyaneshwar Koli, in front of whose shop the alleged incident has taken place. The complainant is not an eye witnesses to the actual incident. The statements of the witnesses to the actual incident, are stereotype indicating that all the applicants have assaulted deceased {3} Yashwant and during the said assault, applicant Ashok was sat on the chest of the deceased while remaining applicants assaulted the deceased with fists and kick blows. It is to be noted that the alleged motive behind the crime is that the deceased had lodged a complaint against the applicants under the atrocities Act in the year 2005 and the applicants were insisting the deceased to withdraw the same. 4. The allegations against the applicants need to be decided in the light of PM report, which shows only one external injury that too on the private part of the deceased. If the assault was going on for a considerable time, as per the statements of the eye witnesses, then some signs of the assaults must have been noticed on the body of the deceased at the time of conducting autopsy. Another aspect, which requires to be considered is that it is nobody’s case that at the time of alleged assault, the applicants were armed with weapons. In the premise, it requires to consider as to whether the alleged attack was premeditated to commit the murder or not coupled with the fact that the applicants are behind the bars since 14.10.2009 and now after completion of the investigation charge sheet has been filed. 5. Considering the over all facts and the medical evidence, in the light of statements of eye witnesses, whether the alleged assault by the applicants resulted into the death of the deceased or not is a debatable question, which can be considered {4} during the trial. However, as for the considerable period the applicants are behind the bars and now the investigation is over, they can be enlarged on bail, however by imposing certain conditions. 6. In the result, the application is allowed. The applicants be released on bail in connection with CR No.184/2009 registered with Nandurbar Taluka police station, on their furnishing solvent surety in the sum of Rs.20,000/- each and on executing PR bonds in the like amount. The applicants are prohibited from entering in villages Talawade Khurd and Shanimandal till disposal of the trial. The applicants are further directed not to contact the prosecution witnesses. In case of breach of any of the condition, the prosecution will be at liberty to apply for cancellation of bail. The applicants are also directed to furnish their addresses to the investigating officer during their stay till completion of the trial and the applicants are directed attend the nearest police station on every 1st and 15th day of each month till completion of the trial. [A.V.POTDAR, J.] drp/B10/criapln1110-10