(1) CRI.APP. 4440.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4440 OF 2010 1. Kisan S/o Rambhau Sawant, Age : 72 years, Occu.: Agri., 2. Balaji @ Nana S/o Kisan Sawant, Age : 22 years, Occu.: Agri., 3. Bhimrao S/o Kisan Sawant, Age : 19 years, Occu.: Education All R/o Jagaji, Tq. and Dist. Osmanabad .. Applicants VERSUS The State of Maharashtra, Through Police Inspector, Dhoki Police Station, Dhoki, Tq. and Dist. Osmanabad (Copy to be served on P.P. High Court Bombay, Bench at Aurangabad) .. Respondent .. Mr. A.N. Nagargoje, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 18TH NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The learned Advocate for the applicants seeks withdrawal of the Application to the extent of (2) CRI.APP. 4440.2010 applicant no.1 who is directly named as assailant. The Application is therefore dismissed to the extent of the applicant no.1-Kisan as withdrawn. 3. Sofar as the other two applicants are concerned, it appears that they are the sons of the main accused i.e. applicant no.1. Both of them are young persons. They participated in the quarrel which had ensued on account of the boundary limits of the two agricultural lands. The incident is apparently due to the outburst of family feud. The applicants no. 2 and 3 did not assault deceased Sandipan. The applicants had no prima facie intention to cause death of said Sandipan. Under the circumstances, their Application deserves consideration and is required to be granted. 4. In the result, the Application of the applicant no. 2 and 3 is allowed. They are directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs. Twenty Thousand) each with one solvent surety bond each to the satisfaction of the Court of Sessions and on further condition that they shall not enter village Jagaji (Tq and Dist. (3) CRI.APP. 4440.2010 Osmanabad) during the period of Sessions trial. They shall furnish an undertaking to such effect simultaneously while furnishing the bail bonds. The Application of applicant no.1-Kisan is dismissed as withdrawn. Application disposed of. Sd/- [V. R. KINGAONKAR, J.] arp