Cri. Appln. No. 2730/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2730 OF 2011 1. Husain Khan s/o. Nawaz Khan, 2. Nawaz Khan s/o. Nawab Khan Pathan, 3. Hamed s/o. Daud Khan Chopdar, All R/o. Waluj, Tq. Gangapur, Dist. Aurangabad. ....Applicants. Versus The State of Maharashtra ....Respondent. Mrs. Sadhana Jadhav, Advocate for applicants. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 19th July, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 39/2011 registered in Waluj Police Station, Dist. Aurangabad for offence punishable under sections 302, 307, 149 etc. of IPC. The papers of investigation are made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Rizwan Pathan. Applicants are owners of neighbouring plot. Allegations are made that on 6.4.2011 when the complainant and his family members Cri. Appln. No. 2730/11 2 were cleaning side of plot for erection of shed, applicants and others came there to prevent the family of complainant from erecting a shed. He has made allegations that neighbours had come with weapons like iron bar, Gupti, knife, sticks. Allegations are made against persons like Sheraj Khan and Yahyah Khan that they used weapons like Gupti against Mohsin, brother of complainant. Mohsin died due to injuries sustained in the incident. Allegations are made against Husain Khan that he used a plank and a blow was given on the head of complainant by Husain Khan. Allegations are made against Hamed Khan that he gave blow of plank on the legs of Aslam Khan. 3. The APP submitted that weapons are recovered at the instances of the applicants. The injury certificates in respect of complainant and Aslam Khan show that complainant sustained simple injury on his scalp and Aslam Khan sustained stab injury. But, there is no allegation that applicant No. 2 had used weapon and that too on the chest. APP submitted that there is section 149 of IPC and so it needs to be presumed that in furtherance of common object the applicants assaulted the deceased and others. The aforesaid material shows that the family of the applicants and the family of complainant hold adjacent plots. The material does not show that it was pre-meditated action. In view of these circumstances, this Court holds that applicant Nos. 1 to 3 can be granted bail, subject to some conditions. Cri. Appln. No. 2730/11 3 3. So the application is allowed. Applicant Nos. 1 to 3 namely Husain Khan s/o. Nawaz Khan, Nawaz Khan s/o. Nawab Khan Pathan, Hamed s/o. Daud Khan Chobdar are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand), each, in Cr. No. 39/2011 registered in Waluj Police Station, Dist. Aurangabad for offence punishable under sections 302, 307, 149 etc. of IPC. They are not to tamper with the prosecution witnesses and they are not to commit similar offence. [ T. V. NALAWADE, J.] ssc/criapln2730.11