{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3820 OF 2009 Parasram s/o Chandu Chavan Age-50 years, Occ-Agri R/o Dattaburdi Tanda, Tq-Hadgaon, Dist-Nanded APPLICANT VERSUS The State of Maharashtra Through Police Station Hadgaon, Dist-Nanded RESPONDENT ....... Mr.S.J.Salunke, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the State ....... WITH CRIMINAL APPLICATION NO.3862 OF 2009 Raju s/o Shivlal Rathod Age-22 years, Occ-Agri R/o Dattaburdi Tanda, Tq-Hadgaon, Dist-Nanded APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs.S.S.Jadhav, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the State ........ {2} [CORAM : A.V.POTDAR, J.] DATE: 9th December 2009 PER COURT: 1. By these applications, the applicants have prayed to release them on bail in connection with CR No.43/2009 registered with Hadgaon police station for an offence punishable u/s 147, 148, 149, 302, 323, 504 of the Indian Penal Code and u/s 3 (1) (x) of the Atrocities Act. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation. It is informed that after completion of the investigation, charge sheet is filed against the accused persons on 04.09.2009 before the competent court of law. 3. It appears that the said offence is registered on the basis of a compliant lodged by one Sunil Dhage, in respect of an assault on his father, which took place in the night of 10 th June 2009. When the injured was taken to the hospital, he was declared as dead. Postmortem was carried out. It appears that 8 injuries were found on the person of the deceased during the course of postmortem. The probable cause of death, as opined by the medical officer, is due to head injury. Thus, it is clear that the death is a homicidal. In the premise, it is necessary to consider as {3} to whether the evidence collected during the investigation is directly or indirectly connects the applicants with the death of the deceased. 4. It is not disputed that there was civil dispute between one Vitthal Lakhe and Bapu Rathod, in respect of the property where the alleged incident has taken place. Presence of applicant Parasram is disclosed in the complaint. So far as applicant Raju Shivlal Rathod is concerned, though his name is not disclosed in the complaint, yet his name appears in the statements of Shravan and Durgabai, which were recorded on the next day of the incident. It appears that applicant Raju Shivlal Rathod came to be arrested on 12 th June 2009 while applicant Parasram came to be arrested on 20.06.2009. 5. As stated above, not only the allegations against the present applicants are required to be considered, but also the statements of the witnesses recorded during the investigation. So far as statements of Shravan and Durgabai, who reside in a hut situated in the field where the alleged incident occurred, are concerned, other than presence of applicant Raju Shivlal Rathod, there is no whisper against him. So far as applicant Parasram is concerned, apart from his name, no act or overtact is attributed to him. Considering these aspects, as alleged, there appears political rivalry in implicating the applicants, as it is contended that before lodging of the compliant, the complainant had met the political {4} leaders. In the premise, it requires to consider whether there is any prima facie evidence against the applicants. As discussed above, the role played by the applicants, in the alleged offence, is not directly attributable to the cause of injuries found on the person of deceased. In the premise, case is made out to enlarge the applicants on bail. 6. In the result, both the applications are allowed. The applicants be released on bail in connection with CR No.43/2009 registered with Hadgaon police station, on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. The applicants shall not contact or tamper with the prosecution witnesses. Applications stand disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3820-09