{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2220 OF 2010 1. Sajid Mainoddin Pathan Age-22 years, Occ-Service 2. Shaikh Salim Moinoddin Age-25 years, Occ-Service Both R/o Bharat Society, Latur, Dist-Latur APPLICANTS VERSUS The State of Maharashtra Through Police Station, MIDC, Latur, Dist-Latur RESPONDENT ....... Mr. N.P.Patil (Jamalpurkar) Advocate for the applicants Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th July 2010 PER COURT: 1. By the present criminal application, the applicants have prayed to release them on bail in connection with CR No.34/ 2010, registered with MIDC Police Station, Latur for an offence punishable u/s 302 r/w 34 of the Indian Penal Code with section 3 {2} (2) (v) of the Atrocities Act, as the applicants are arrested on 19th February 2010 and since then they are in jail. It is informed that in this offence after completion of investigation, charge sheet has been filed on 19th May 2010 before JMFC, Latur, however trial is not yet committed. 2. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation. 3. It appears that the present offence is registered on the complaint of one Mahananda Kamble in respect of an incident of attack on her husband, by name Vijaykumar Kamble, by the applicants and father of applicant No.1. It is alleged that father of applicant No.1 is the president of a school where the deceased was in service. Applicant No.1 is the Head Master and applicant No.2 is the Clerk in the said school. It is alleged in the complaint that in the early hours at 5.30 a.m. on 19th February 2010 when the complainant was taking morning walk along with her husband, all the accused attacked on the husband of the complainant. It is alleged that as the husband of the complainant was the senior {3} most teacher in the said school and he would have become head master of the said school and hence to eliminate him from their way, all the accused murdered him. It is alleged that immediately after the incident, the deceased was taken to the hospital, where he expired. Perusal of the Postmortem notes, particularly the injuries shown in column No.17, indicate there were stabbed injuries on the abdomen of the deceased, which has resulted into his death. Perusal of the papers of investigation indicate that there was previous dispute between the applicants and the deceased, as the deceased was absorbed in the school where the applicant is working as a Head Master by the order of the School Tribunal, which the accused did not like. Prior to two months of the incident, some quarrel had taken place between the applicant No.1 and the deceased, which is witnessed by two employees of the said school, whose statements are also recorded during the investigation. 4. Except this, no independent witness to the actual incident of assault is examined, may be not available, however fact remains that though since 19.02.2010 both the applicants are behind bar, yet nothing incriminating has been recovered at their {4} instance neither alleged weapon nor alleged blood stained clothes, which they had wore at the time of alleged incident. In the premise, and considering the fact that now the investigation is over and also in view of the fact that nothing incriminating has been recovered against the applicants, case is made out to enlarge the applicants on bail. 5. In the result, application is allowed. Both the applicants be released on bail in connection with CR No.34/2010 registered with MIDC Police Station, Latur, on their furnishing solvent surety in the sum of Rs.20,000/- each and on executing PR bonds in the like amount. The applicants are prohibited from entering Latur city, except to attend the Court hearing during the court hours. The prosecution is at liberty to apply for cancellation of bail in case of breach of this condition. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2220-10