1 Cri.A.2585.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2585 OF 2011 Shri Kiran alias Bahusaheb Gulab Patil, R/o Pimpalkheda, Tq. Shindhkeda, District Dhule. ...APPLICANT. VERSUS 1) The State of Maharashtra. ...RESPONDENT. ... Shri. Shrikant Patil, Advocate for Applicant. Shri. N.H.Borade, A.P.P. for Respondents. ... CORAM: T.V.NALAWADE, J. DATE : 13TH JULY, 2011. PER COURT : 1. This application is filed for bail, in crime No. 43 of 2011, registered with Nardana Police Station, Tq. Sindhkheda, District Dhule, for the offence punishable under sections 302, 342, 109, 114, 323, 504 and 506 read with 34 of the Indian Penal Code. Papers of investigation were made available by the APP. Both sides are heard. 2. The crime is registered on the basis of report given by widow of the deceased, namely, Shobhabai Vilas Patil. Land of the family of the complainant is adjacent to the land of brother of father-in-law of the 2 Cri.A.2585.11 complainant. Incident took place on 31.05.2011, when husband of the complainant was proceeding through village, he was intercepted by the present applicant and others. It is contended that accused persons picked up quarrel and during quarrel present applicant fetched stick from his house and he gave blow of stick on the chest and abdomen of the deceased. The complainant has contended that her husband collapsed and succumbed to the injuries. She has given name of eye witnesses, who were present near the spot at the time of incident. 3. Post Mortem report shows that opinion regarding cause of death is reserved. The injuries like abrasion are mentioned in the Post mortem report, but the injuries were on neck portion and over occipital region to scalp. There was one septic over the right foot. There was internal injuries on head like swelling on occipital region. Advocate for the applicant submitted that no injury was found on the abdomen and the chest of the deceased and opinion regarding cause of death is not given, so applicant is entitled for bail. 4. APP submitted that there are many eye witnesses and there is sufficient material to make out prima facie case against the applicant under section 302 of the Indian Penal Code. 3 Cri.A.2585.11 5. In view of the aforesaid circumstances and material this Court holds that relief of bail can be given to the applicant subject to some conditions. Application is allowed. (i) The applicant in crime No. 43 of 2011, registered with Nardana Police Station, Tq. Sindhkheda, District Dhule, for the offence punishable under sections 302, 342, 109, 114, 323, 504 and 506 read with 34 of the Indian Penal Code be released on bail on his furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) on conditions that- (a) The applicant shall co-operate during the investigation and to attend the concerned Police station on every Sunday between 9.00 a. m. and 12.00 noon till the date of filing of Charge-sheet. (b) The applicants shall not tamper with the prosecution witnesses . (c) The applicant shall not enter the village Pimparkheda, Tq. Shindkheda, District Dhule, till disposal of the case against him. Sd/- [ T.V.NALAWADE, J.] MTK 4 Cri.A.2585.11