1 ba680.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.680 OF 2011 (RATAN RAMESH INGOLE//VS// STATE OF MAH. THR.P.S.O. WASHIM ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.D.Malke, Advocate for Applicant. Mr. A.M.Joshi, A.P.P. for Respondent/ State. CORAM : M.N.GILANI, J. DATED : DECEMBER 21, 2011. Heard both sides. 2. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant on bail in Crime No.172 of 2011, registered with Police Station, Washim, for the offence punishable under Sections 302, 341, 504, 324 read with Section 34 of the Indian Penal Code. 3. The incident occurred on 08.05.2011 in the evening in village Panchala, Tahsil and District : Washim. The deceased and the accused persons belong to same family and they are neighbours. There was a dispute over trivial reasons. When deceased Daulat Ingole was passing by the road, in front of the house of one Dewaji, Balu Ramesh Ingole, Ramesh Jairam Ingole and Ratan Ramesh Ingole intercepted him. While Ratan Ingole (present applicant) and Ramesh Ingole (father of the applicant) held the deceased by their hands other accused Babu Ramesh Ingole dealt a blow of Gupti on the chest of the deceased. First informant is Vikash Ganpat Ingole. He witnessed the incident and was also injured. The deceased fell unconscious and was taken to the hospital. He was declared brought dead. On the basis of the first information report investigation was carried out. 2 ba680.11.odt 4. Post-mortem note points out that there was a stab wound on the chest which damaged lungs of left side and heart was punctured. The medical opinion is as under : “Shock due to severe internal bleeding due to stab injury on Lt. Side chest.” 5. It is contended by the learned counsel for the applicant that the person who was armed with Gupti and who stabbed the deceased, according to first information report, is Babu Ramesh. Considering the role of the present applicant/ accused he may be released on bail. 6. The averments in the first information report point out that all the three accused persons were involved in assaulting the deceased, although the role attributed to the present applicant is different. Prima-facie, Section 34 of the Indian Penal Code is attracted. 7. Considering the gravity of the offence, the applicant cannot be released on bail. The application is rejected. JUDGE RR..