1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 362 OF 2011 (Kawadu Tgularamji Dhobale Vs. State of Mah. PSO PS Mouda Distt.Nagpur) CRIMINAL APPLICATION (BA) NO. 366 OF 2011 (Surendra Rambhau Thakre Vs. State of Mah. PSO PS Mouda Distt.Nagpur) CRIMINAL APPLICATION (BA) NO. 389 OF 2011 (Rajesh Fagoji Amdhare & Sudhakar @ Sudam Narayan Bagade Vs. State of Mah. ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri Kalyani Adv for applicants in BA 362 & 366 of 2011. Shri Jaltare Adv for applicants in BA No. 389 of 2011. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 2nd AUGUST, 2011. . All these three bail applications are arising out of Crime No. 02 of 2011 registered with the Police Station Mouda district Nagpur for the offence punishable under Sections 302, 307, 142, 147 read with 34 of Indian Penal Code and 3(1)(2)(5)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. One Jijabai (since deceased) was the wife of Rajendra 2 Amdhare. Because of her ailment and other symptoms her family member suspected that she was the victim of witch craft or black magic. On 31.12.2010 she died. Her family members started suspecting the hands of Kisan Kangale and his wife Prabha Kangale -both deceased. The accused persons formed unlawful assembly . The common object of it was to kill the persons responsible for playing witch craft on the deceased-Jijabai. Kisan Kangale was aged about 70 years and his wife aged 65 years were mercilessly beaten and done to death. The dead bodies of these two were lying in the open. Relations of the deceased did not dare to complain either to police or to any other person because of the fear of the accused persons. On the next day i.e. on 01.01.11 First Information Report was lodged by Sunita Kangale-daughter-in-law of the deceased. The investigation reveals that along with Rajendra Amdhare, Surendra Amdhare and others the applicant Kawadu Dhoble (original accused No.6 and applicant in BA 362/11) was involved. There are statements of Bandu Dhulas and Mahasagar Kangale to the effect that they saw Kawadu Dhobale beating Kisan Kangale along with other accused persons. Thus prima facie his involvement in the alleged offence is made out. As regards Surendra Thakre (applicant in BA 366 of 3 2011) there are witnesses namely Jitendra Kangale and Mahasagar Kangale. They had seen him beating Kisan Kangale along with other accused persons. Thus evidence points out the involvement of Surendra Thakre (applicant in B. A. No. 366 of 2011). Role attributed to Rajesh Amdhare-applicant no.1 in B. A. No. 389 of 2011, is that he had brought the deceased Kisan from the village Borgaon on his motorcycle. Moment he was brought to village Singori, the rest of the accused persons started beating him. One Bandu Dhulas spoke about the role played by Rajesh Amdhare. Circumstances point out that with the object of assaulting deceased Kisan Kangale he was brought to village Singori. Thus involvement of Rajesh Amdhare is also made out. As regards Sudhakar Bagade (applicant no.2 in BA No. 389 of 2011), the allegations against him are that he had beaten Ravi Shende. Learned APP could not point out any evidence to show that Sudhakar @ Sudam Bagade assaulted any of sthe deceased or participated directly or in directly in causing death of either Kisan or Prabha Kangale. Ravi Shende had suffered injuries like abrasion on right forearm, lacerated wound on lower lip, swelling over face, abrasion over neck. These injuries are described as simple and possible by hard and blunt object. Learned counsel Shri Kalyani for the applicants in Bail 4 Application No. 362 and 366 of 2011 contended that the statements of the various witnesses are contradictory to each other, therefore, the statements of witnesses namely Jitendra Kangale, Mahasagar Kangale and Bandu Dhulas cannot be attached any importance or weigh while considering these bail applications. Shri Jaltare learned counsel for the applicants in Bail Application No. 389 of 2011 contended that, no role is attributed to Rajesh Amdhare except bringing the deceased on motorcycle. Detailed examination of the evidence at the time of consideration of bail application is not warranted. Documentation of the merits of the case is to be avoided. Considering the evidence available against Kawadu Dhoble (BA No. 362 of 2011), Suredra Thakre (BA No. 366 of 2011) and applicant no.1 Rajesh Amdhare (BA No. 389 of 2011) and considering the nature of accusation and the fact that two old persons including an old woman were mercilessly done to death and there was a terror in the village, I am not inclined to grant bail to these accused-applicants. However, considering the role attributed to Sudhakar @ Sudam Bagade he will have to be released on bail. Applications, so far as it relate to Kawadu Dhobale, Suredra Thakre, Rajesh Amdhare, are rejected. Bail Application, so far as it relates to Sudhakar @ 5 Sudam Bagade, is allowed. He is directed to be released on his executing PR bond in the sum of Rs. 25,000/- with two sureties in the like amount to the satisfaction of the Sessions Judge Nagpur, with the condition that he shall not enter village Singori till the trial is over. Hamdast allowed. JUDGE svk