{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4012 OF 2009 1. Namdeo Waman Wazir Age-24 years, Occ-Agri 2. Sunil s/o Ankush Umbre Age-27 years, Occ-Agri 3. Dutta s/o Ankush Umbre Age-24 years, Occ-Agri All R/o Fulepimpalgaon, Tq-Majalgaon Dist-Beed APPLICANTS VERSUS The State of Maharashtra Through Police Inspector, Majalgaon Police Station RESPONDENT ....... Mr.Amit Mukhedkar, Advocate for applicants Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 9th December 2009 PER COURT: 1. By this application, the applicants have approached this Court for their release on bail in connection with CR No. {2} 124/2009, registered with Majalgaon police station for an offence punishable u/s 302, 324, 326, 143, 147, 148, 149, 336, 337, 504, 506 of the Indian Penal Code and u/s 3 (2) (5) and 3 (1) (x) of the Atrocities Act and u/s 4/25 of the Arms Act. 2. These applications are moved as the investigation in this offence is over and the charge sheet is filed on 18th July 2009. It is informed that the case is committed to the Court of Sessions and numbered as Sessions Case No.09/2009. 3. Heard learned counsel for applicants followed by the arguments of learned APP. Also perused the papers of investigation 4. Before considering the submissions, the PM notes in respect of deceased Sadashiv requires to be considered. On careful perusal of the PM notes it appears that total 4 injuries are found on his person, which according to Medical Officer, are ante morotem. Injury No.1 is a wound on the forearm. Cause of death is shown as hemorrhage shock due to injury on the vital organ. Thus, it is clear that death of deceased is a homicidal death. 5. From the papers of investigation, it reveals that dead body of the deceased was referred for PM. There is allegation that the injuries sustained by the deceased are due to attack on him by swords by the present applicants Sunil and Dattu. Considering the nature of injuries, as stated in the PM notes, the injuries are {3} sustained by the deceased by sharp cutting instrument. During the course of submissions, it is urged by learned counsel for applicants that no swords are recovered at the instance of Sunil and Dattu, but the swords are recovered at the instance of Namdeo. On this ground, it is urged that for non recovery of weapon, which are allegedly used for the assault, the applicants Sunil and Dattu be released on bail. 6. The application is opposed by the learned APP on the ground that considering the report given by the medical officer, in respect of postmortem conducted on the dead body, it clearly indicates that the death is a homicidal and for this purpose, at this stage, the allegations in the complaint, supported by the statements of eye witnesses required to be considered, which establishes nexus between the alleged assault and the hands of two applicants and cause of death. 7. So far as case of applicant Namdeo is concerned, at his instance, sword is recovered, but it is urged that medical certificate of Pravin shows that injuries sustained by him are simple in nature. In the premise, it is urged that he be also released on bail, which is opposed by APP. 8. Perusal of medical certificate issued after examination of Pravin shows that he has sustained 3 injuries during the said assault. Out of these 3 injuries 2 are incise wounds while one is {4} CLW. So far as incise wounds are concerned, the weapon used is shown as sharp and hard object while weapon used for causing the CLW it is shown as hard and blunt object. So far as nature of injuries, they are shown as simple injuries. Considering the medical certificate in respect of examination of Pravin, the case of Namdeo, who is responsible for these injuries, cannot be compared with the case of other two applicants, i.e. Sunil and Dattu. In the premise, this application requires following order. ORDER a) The application is partly allowed. b) The application of Sunil and Dattu is hereby rejected. c) Applicant Namdeo be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. d) Applicant Namdeo, not to enter in the local jurisdiction of Majalgaon police station, except to attend the trial, without prior permission from IO concerned. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4012-09