MP 1 BA1561_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1561 OF 2011 Arjun Sakhahari Bhagwat ... Applicant Versus State of Maharashtra ... Respondent Mr. S. K. Shinde i/b. Mr. Makarand Panchakshri, Advocate for the Applicant. Mr. Y. S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 15TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.55 of 2011 registered at Nandgaon Police Station, Nashik for the offences punishable under Sections 302, 323, 504, 506 r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, is that one Suresh Bhagwat is the brother of the present applicant. On 20.05.2011, at about 10.00 a.m., first informant Suresh Bhagwat was proceeding towards his house by walk. At that time, the present applicant Arjun Bhagwat and his son Dyaneshwar came on a motorcycle from behind. Dyaneshwar, who was driving the motorcycle dashed the motocycle against Suresh Bhagwat, due to which, he fell down. Suresh Bhagwat asked him as to why he had dashed him. On this, Dnyaneshwar and his father Arjun Bhagwat got down from the motorcyle and began to abuse Suresh Bhagwat and asked him whether he did not know how to walk on the road properly. At about same time, Balu, who is younger brother of Suresh and the present applicant, came to pacify them. However, the present applicant and his son Dyaneshwar abused Balu. While the present applicant caught hold of Balu, his son Dnyaneshwar brought an iron tommy from a cycle repairing shop and gave a blow on the head of Balu, due to which, Balu suffered serious bleeding injury on the head resulting in his death. Suresh had also suffered MP 2 BA1561_11 several injuries on his person. Balu died because of the fracture of the right parietal region of the scalp with haematoma. At least three witnesses have stated before the police that the present applicant had caught hold of Balu when his son Dnyaneshwar gave a blow on the head of Balu with iron tommy. It is true that there is nothing on record to show any previous enmity and that the quarrel had taken place abruptly. However, at the same time, the manner in which the present applicant caught hold of Balu, pressed him and thus incapacitated him in making any attempt for saving his life, while he was being assaulted by the son of the present applicant, prima facie shows that the applicant had common intention with his son. The learned Counsel for the applicant contends that the applicant is a senior citizen aged about 60 years. That itself cannot be a ground for grant of bail in a murder case. 3. Therefore, the application stands rejected. (J. H. BHATIA, J)