1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1751 OF 2011 1 Waman Baliram Sawant 2 Shri Sanjay @ Narayan Waman Sawant ..Applicants. v/s. The State ..Respondent. Mr. Yashodhan Gavankar, adv. for the Applicants. Smt. R.V.Newton, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 20th December, 2011 PC : 1 Applicants seek to be released on bail in crime no.5/2011 registered in Banda police station for the offences punishable under Sections 302, 201 and 120B IPC. 2 The deceased Rajashree Rajaram Sawant was brother’s wife of the applicant Waman. It appears that there were some disputes between them about the agricultural land on which they used to grow cashew nuts. As per the prosecution case, F.I.R was lodged on 14.4.2011 at about 3.30 p.m., Pratiksha Naik and her husband, who were working in two different parts of the field, heard noise of the quarrel between the accused no.1 Waman and the deceased Rajashree. As such quarrels used to take place 2 frequently, they did not give much importance. However, within a few minutes, they also heard shout of Rajashree saying ‘Marlyanre’. Therefore, Pratiksha immediately rushed towards the spot where the incident was going on. When she reached near the spot, she saw that Rajashree was lying on the ground with several injuries and the accused no. 1 Waman was assaulting her with sticks while one more person was standing behind him and he was shouting that she should be killed. Rajashree died because of the said injuries. Husband of Pratiksha also noticed the incident. Report was lodged by the husband of the deceased Rajashree, who was not an eye witness. 3 P.M. Report reveals that the deceased Rajashree had suffered as many as 21 injuries on different parts of the body and she had also suffered fracture of the right parietal bone. P.M.Report also shows that death had occurred due to subdural haematoma and subarachnoid hemorrhage in right parieto-occipital region. Taking into consideration the number of injuries and cause of death, it appears that Rajashree was mercilessly beaten to death. As per the evidence collected by the prosecution, accused no.1 Waman had actually assaulted. Applicant/accused no.2 Sanjay @ Narayan is the son of the accused no.1 Waman. In the statement of Pratiksha, his name was not disclosed. It is stated that one more person was standing behind Waman and he was 3 shouting that she should be killed. The statement also does not show that the second person was actually assaulting Rajashree. Taking into consideration the material on record, I find that prima-facie, the applicant/accused no.1 appears to have committed the offence of murder but there is no material against the applicant no.2 Sanjay. 4 Therefore, while application to the extent of the applicant no.1 Waman stands rejected, applicant no.2 Sanjay @ Narayan Waman Sawant be released on his executing PR of Rs.25,000/- with one or two sureties to make up the amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA, J.)