1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 418/2011 Hari Nanhu Meshram and ors...vs..State of Maharashtra, thr. PSO, P.S. Armori, Dist. Gadchiroli Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. V. N. Morande, Advocate for applicants. Mr. M. J. Khan, A.P.P. for non applicant-State. CORAM : M.N. GILANI, J. DATED : DECEMBER 5, 2011 1. This is an application under Section 438 of the Code of Criminal Procedure for issuing directions to release the applicant nos. 1 to 3 on bail in the event of their arrest in Crime No. 58/2011 registered with Police Station, Armori for an offence punishable under Sections 302, 143, 144, 147, 148, 149, 504, 506 of the Indian Penal Code. 2. The accused persons, who are involved in this crime were suspecting that the deceased Janardan Kawre was playing witchcraft and because of that Gajanan-son of accused Manjulabai-was continuously remaining ill. On 11.11.2011, in the evening the accused persons namely, Manjulabai Meshram, Moreshwar Hariji Meshram, and Kalidas Mukhru Kamble went to the house of deceased and carried him to the house of Sonaji Meshram where he was 2 beaten. Thereafter, the other family members joined these three accused persons in assaulting the deceased. The deceased sustained about 20 injuries some in the nature of abrasions and died. According to the medical report, death was due to violent asphyxia due to chocking and haemorrhagic shock. 3. Learned counsel for the applicant contended that firstly only three accused persons were named and thereafter the names of present applicants figured because of belated statements of the alleged eye witnesses. 4. No doubt, the act of beating the deceased with sticks/lathis is attributed to accused Moreshwar, Manjulabai and Vilas. However, the names of all the three applicants consistently figured in the statements of the witnesses. That means, the role of giving kicks, fist blows is attributed to the others including present applicants. The possibility of exaggeration with an intention to rope in all the family members in the alleged incident is not ruled out. However, the detailed examination of evidence at this stage is wholly unwarranted. 5. In that light of the matter, the order rejecting anticipatory bail application moved by the applicant no.1-Hari Nanhu Meshram cannot be interfered with. Considering the fact that applicant no.2- Jyoti who is aged about 19 years and a student and applicant no.3 3 Urmila, being a housewife whose husband, Vilas Meshram has been already arrested and mainly on the ground that they are women, discretion of granting them anticipatory bail can be exercised. 6. In that light of the matter, the application, so far as it relates to applicant no.1-Hari Nanhu Meshram, is rejected. The application, so far as it relates to applicant no.2-Jyoti Hariji Meshram and the applicant no.3-Urmila Vilas Meshram, is allowed. 7. In the event of arrest of the applicant no.2-Jyoti Hariji Meshram and the applicant no.3-Urmila Vilas Meshram, in Crime No. 58/2011 registered with Police Station, Armori for an offence punishable under Sections 302, 143, 147, 148, 149, 504, 506 read with Section 34 of the Indian Penal Code, they be released on their furnishing PR Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand Only) each with one surety each in the like amount. The applicant nos. 2 and 3 are directed to attend the Police Station, Armori as and when required by the Investigating Officer. Hamdast allowed JUDGE kahale