1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.255 OF 2010 1. Meerabai w/o.Balu Chavan, Age-51 years, Occu-Household, 2. Revnath S/o.Balu Chavan, Age-21 years,Occu-Agriculturist, 3. Krishna S/o.Balu Chavan, Age-20 years, Occu-Agriculturist, All are R/o.Mugsapur, Tal.Kannad, Dist. Aurangabad APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.U.S.Malte, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 211/2009, registered in Kannad Police Station, which was registered on the complaint of Hirabai Shamrao Chavan, wherein these applicants came to be arrested on 18/11/2009. 2 2. In the said crime, after completion of investigation, charge sheet came to be filed on 27/01/2010. 3. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation till carried out. 4. Perusal of the complaint shows that the complaint came to be lodged by Hirabai, the mother of the deceased against her daughter in law, applicant no.1 and two grand sons applicant no.2 and 3. It appears from the papers of investigation that there is land dispute of certain property, and there were illicit relations of deceased with one Karbhari Rind. There is likelihood that the landed property given to the deceased was likely to go in the possession of said Rind. Hence there was dispute between the applicants, deceased and complainant. 5. Perusal of the papers of investigation shows that the eye witness is the complainant himself. The overact is played by applicant Revnath. 6. Post mortem notes shows that the death of deceased was occurred due to head injury. There is fracture to the right side temporal region of the skull of deceased. As per the statement of complainant, the eye witness, this injury was caused due to assault by Revnath. At the instance of Revnath, incriminating articles were 3 recovered allegedly used while assaulting deceased Minabai. 7. Considering the limited role played by applicant no.1 and 3, case is made out to enlarge these two applicants on bail on certain conditions. Hence order. O R D E R 1. Application is partly allowed. 2. Application in respect of applicant no.2 Revnath is hereby rejected. 3. Application in respect of applicant no.1 Meerabai and applicant no.3 Krishna is allowed. They be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 4. After released on bail, these two applicants not to contact with the prosecution witnesses. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.255-10