1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4486 OF 2009 Raju S/o.Harisingh Rathod, Aged-27 years, Occu-Agriculturist, R/o.Hadgaon, Tq.Hadgaon, Dist. Nanded APPLICANT VERSUS The State of Maharashtra, Through the Police Station, Hadgaon, Tq.Hadgaon, Dist. Nanded RESPONDENT Mr.S.S.Choudhari, learned counsel for applicant. Mr.B.J.Sonwane, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 06/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with Crime No.43/2009, registered in Hadgaon Police Station, for an offence punishable u/s. 302, 323, 504, 147, 148, 149 of IPC & 3(1)(10) of The Atrocity Act. 2. The present applicant was arrested in connection with the said offence on 11/06/2009 wherein now the investigation is over and charge sheet is filed on 08/09/2009 in the Court of J.M.F.C. 2 Hadgaon. 3. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. It appears that the said offence came to be registered on the complaint of one Sunil Dhage on 11/06/2009 about the incident took place in the night of 10/06/2009 at around 10 p.m. to 11.00 p.m. During the said incident, the applicant alongwith other 10-12 persons attacked on the person of his father, and during the said attack, due to the injuries sustained by the said Prabhu, he expired. Number of other persons who are styled as eye witnesses were also injured during the said attack. As now the investigation is over and charge sheet is filed, the applicant has approached this Court for his release on bail. 4. Learned APP opposed the application on the ground that there is direct evidence against this applicant about his involvement in the said offence which is punishable with life imprisonment or death. 5. Considering these submissions across the bar, perused the papers of investigation. The post-mortem notes shows that there are external injuries found on the person of the deceased as well as there is fracture to the skull which can be inferred from the injuries noted in coloumn no.19(ii) of the post mortem notes. Probable cause of death is given as death due to head injury. 6. Perusal of the complaint shows that one Shivlal Rathod which 3 was holding an iron rod in his hand, gave blow on the head of deceased, while the remaining persons even though holding some deadly weapons, gave the blow with these weapons on the person of deceased. Doubt is tried to create about whether the present applicant whose name is Raju Harising Rathod against whom there is an allegation that he was assaulted the deceased with knife in his hand. At the same time, there is name of another Raju Harising Rathod, but the complaint is silent on the point that whether he was holding any deadly weapon in his hand even though his presence is shown on the spot. Perusal of the post mortem notes make it clear that there is no stab injury found on the person of the deceased. Probable cause of death is due to head injury, which can be considered from the complaint as well as the statement of eye witnesses recorded that blow was given on the head of the deceased by said Shivlal Rathod. No doubt the present applicant either of the Raju Harising aging 22 years or aging 27 years find no stab injury on the person of the deceased as well as another Raju Rathod was not holding any weapon in his hand. In the premise, even though he is a member of the unlawful assembly as alleged by the eye witnesses, but considering the fact that as still he is in custody since more than 6 months, and considering the role played by him, case is made out to enlarge him on bail, but by putting certain conditions. Hence order - O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in 4 the sum of Rs.20,000/- and on executing the PR bond in the like amount. 3. After released on bail, the applicant not to enter in Bhimai Nagar Navi Aabadi Hadgaon, Tal. Hadgaon till the trial against him will be over. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4486-09