1 criapln3319-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3319 OF 2011 1] Bansi Chandar Kale 2] Rajendra Govardhan Shinde .. APPLICANTS Vs 1] The State of Maha. ...RESPONDENT ... Shri S.J.Salunke, Adv.for applicants. Shri G.R.Ingole,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 10/08/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.41/11 registered in Washi police station, Dist.Osmanabad for offences punishable under Sections 302, 341, 323, 504, 506 r.w. 34 of I.P.C. Papers of investigation were made available. Heard both sides. 2] The crime is registered on the basis of report given by one Shrimant Kurund. The complainant, deceased Haridas and one 2 criapln3319-11 Sarjerao were on a road. Allegations are made that the persons like Bansi, Rajendra [present applicant no.2] and others started giving abuses. Accused are from Pardhi community. It is contended that the accused were drunk and so the complainant advised them not to pick up quarrel and go away. It is contended that the applicants and their associates continued quarrel and in the incident, applicant no.1 Bansi gave blows of stick to deceased Haridas. Allegations are made against Rajendra and other accused that they assaulted Haridas with fist blows and kicks. Allegations are made that assault was made on Sarjerao also. The incident took place on 6/4/11 and the crime came to be registered on 9/4/11. Police papers show that Haridas was taken to private hospital on the date of the incident for treatment and the deceased had even taken discharge. As there was severe abdomen pain, deceased was again taken to hospital and then he was taken to Government hospital where he succumbed to the injuries. Post mortem report shows that there were 5 anti mortem injuries which include C.L.W. over occipital region. There were injuries on the chest and other parts of the body. There was haematoma over occipital region. Viscera was preserved but no poison is detected. Cause of death is given as death due to peritonitis. 3] Advocate of the applicants submitted that delay of atleast 3 days was caused in giving of the report and the delay is not explained. It is 3 criapln3319-11 submitted that even if the incident described by complainant and other witness Sarjerao is accepted as it is, it cannot be said that there was intention to commit murder of the deceased. APP submitted that there is record like previous enmity and about 8-10 years back, reports were given against each other by the two communities and since then their relations were strained. Some argument was advanced in respect of weapon allegedly used by applicant no.1 and the weapon shown to be recovered at the instance of applicant no.1. 4] There is direct evidence against both the applicants. There are specific allegation that applicant no.1 Bansi played role in the incident and he used weapon like stick. Sarjerao -the eye witness has described role played by Bansi in detail and he has stated that blows were given on the abdomen also. Allegations are against applicant no. 2 that he assaulted by kicks and fist blows. In these circumstances, this Court holds that bail can be granted to applicant no.2 subject to some conditions. Bail cannot be granted to applicant no.1. There is sufficient material to make out prima facie case for offence of murder atleast against applicant no.1. So application of applicant no.1 stands rejected. 5] Application of applicant no.2 is allowed. He is to be released on bail in Crime No.41/11 registered in Washi police station, Dist.Osmanabad for offences punishable under Sections 302, 341, 4 criapln3319-11 323, 504, 506 r.w. 34 of I.P.C., on his furnishing PR and SB of Rs. 15,000/- . He is not to tamper with prosecution witnesses. He is not to visit the locality where the eye witnesses are residing and he is not commit similar offence. These observations are only for the purpose of present proceeding and they will not come in the way of the trial Court while deciding the case. [T.V.NALAWADE,J.] umg/criapln3319-11