1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1658 OF 2010 Sambhaji s/o Narsappa Bondge ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri V.D. Sapkal, Advocate for the applicant Shri S.G. Nandedkar, A.P.P. for the respondent ..... W I T H CRIMINAL APPLICATION NO.1659 OF 2010 Ravi s/o Sambhaji Bondge & anr. ...Applicants VERSUS The State of Maharashtra ...Respondent ..... Shri V.D. Sapkal, Advocate for the applicants Shri S.G. Nandedkar, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th May, 2010. PER COURT : 1. Heard Mr. V.D. Sapkal, learned counsel for the applicants as well as heard Mr. S.G. Nandedkar, learned A.P.P. for the respondent. 2 2. These are the two applications, preferred by the applicants therein, seeking bail in connection with C.R. No.51/2010, registered with Omerga Police Station, for the offences punishable under Sections 307, 341, 323, 504, 506 read with Section 34 of the Indian Penal Code, since the applicants were arrested thereunder on 9.4.2010 and they are under judicial custody presently. Moreover, since both the applications preferred by the applicants arise out of the same C.R. i.e. C.R. No.51/2010, both the said applications are being decided by this common order. 3. It appears that, the offence has been registered on the complaint lodged by complainant namely Mahesh Ram Bondge on 9.4.2010 in respect of the occurrence of the incident of assault upon his father namely Ram Baliram Bondge at about 8.30 a.m. on the same day i.e. on 9.4.2010. It is alleged in the said complaint that quarrels took place between the complainant and the applicants on account of alleged common access to the field and it is also alleged that, the applicant in Criminal Application bearing No.1658/2010 namely Sambhaji s/o Narsappa Bondge abused the victim namely Ram Baliram Bondge and assaulted him by axe above the right ear, whereas the applicant No.1 namely Ravi s/o Sambhaji Bondge in Criminal Application No.1659/2010 assaulted the injured Ram Baliram Bondge by stone on his chest and the 3 applicant No.2 in the said application namely Tejabai w/o Sambhaji Bondge abused the said injured person. It is also alleged that, the applicant in Criminal Application No.1658/2010 namely Sambhaji s/o Narsappa Bondge and applicant No.1 in Criminal Application No.1659/2010 namely Ravi s/o Sambhaji Bondge gave threats to the said injured to kill him. 4. On the aforesaid background, on perusal of investigation papers as well as considering the rival submissions advanced by both the learned respective counsel for the parties, it appears that, the statements of witnesses have been recorded during the course of investigation and statement of injured Ram Baliram Bondge also has been recorded on 11.4.2010, which discloses that applicant Sambhaji was armed with axe, who assaulted the said victim on the rear side of the head whereas applicant Ravi assaulted him by stone on his chest and applicant Tejabai assaulted him by leg kicks and fist blows during the occurrence of the incident. 5. In the said context, on perusal of the injury certificate of the said injured Ram Baliram Bondge, it is seen that he sustained incised simple wound on right temporal region by sharp weapon and grievous injury on temporal bone as well as sustained grievous injury on the brain parietal region and accordingly, the said patient 4 sustained fatal injuries as stated therein, and the said injuries apparently can be co-related with the assault made by the applicant Sambhaji upon the injured person since he was armed with axe at the time of occurrence of the incident. However, the allegations made against Ravi i.e. the applicant No.1 in Criminal Application No.1659/2010, who assaulted the injured by stone on the chest of the injured, apparently, have not been reflect in the injury certificate. The role attributed to the applicant Tejabai i.e. leg kicks and fist blows is comparatively of lesser degree and the said allegations also, apparently, do not co-relate and reflected in the injury certificate of the injured, though Section 34 of the Indian Penal Code has been applied in the present offence, and said aspect can be decided at the time of trial after appreciating the evidence and not at this stage. 6. Having the comprehensive view of the matter, there are serious allegations against the applicant in Criminal Application No. 1658/2010 i.e. Sambhaji s/o Narsappa Bondge and the role attributed to him during the occurrence of the incident and the injuries disclosed in the injury certificate apparently co-relate with each other as stated hereinabove and, therefore, it is not advisable to enlarge the applicant in Criminal Application No.1658/2010 i.e. Sambhaji s/o Narsappa Bondge on bail since the investigation is still in progress and has not been completed. Hence, his 5 application i.e. Criminal Application No.1658/2010 deserves to be rejected. 7. However, considering the role attributed to applicant No. 1 Ravi and applicant No.2 Tejabai in Criminal Application No. 1659/2010, in respect of the aforesaid incident, and the injuries disclosed in the injury certificate of the injured, it appears that, apparently, the said injuries are not in consonance with the allegations made against the said applicants and, therefore, their application deserves to be considered for the grant of bail. 8. It is submitted that Ravi s/o Sambhaji Bondge has been granted temporary bail by learned Additional Sessions Judge, Omerga by order dated 21.4.2010 for the period of one month to enable him to appear for examination and, therefore, his said temporary bail needs to be confirmed. 9. In the result, Criminal Application No.1658/2010, being sans merits, stands dismissed. 10. However, Criminal Application No.1659/ preferred by applicants Ravi s/o Sambhaji Bondge and Tejabai w/o Sambhaji Bondge is allowed and temporary bail granted to applicant No.1 Ravi s/o Sambhaji Bondge in Criminal Application No.1659/2010 on 6 21.4.2010 by learned Additional Sessions Judge, Omerga stands confirmed, and it is directed that the said applicants Ravi s/o Sambhaji Bondge and Tejabai w/o Sambhaji Bondge be released on bail in connection with C.R. No.51/2010, registered with Omerga Police Station, on furnishing surety in the sum of Rs.15,000/- each and on execution of P.R. bond in the like amount by each of them, on following conditions : (i) The said applicants Ravi s/o Sambhaji Bondge and Tejabai w/o Sambhaji Bondge shall attend the concerned police station as and when required, on written intimation, till filing of the charge sheet, and shall cooperate in the investigation. (ii) The said applicants Ravi s/o Sambhaji Bondge and Tejabai w/o Sambhaji Bondge shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 11. Needless to say that the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri165810