1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1478 OF 2009 1. Dagdu s/o. Bansi Gaware, 2. Sandu S/o. Dagdu Gaware, Both R/o. Ghatnandra, Tq. Sillod, Dist. Aurangabad. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. S.G.Ladda, Advocate for applicants. Mr. J.S.Gavhane, APP for State. CORAM : A.V. NIRGUDE, J. DATE : 12th JUNE, 2009 PER COURT : 1. The applicants are seeking bail in Crime No. 1/2009 registered with Sillod Rural Police Station, alleging the offence punishable under section 302 r/w. 34 of Indian Penal Code. 2. The applicants are father and son and they are accused of killing the applicant No. 1's other son. The prosecution case mostly depends upon circumstantial evidence. The deceased had long standing enmity 2 with the applicants. The first informant, the wife of the deceased, gave reference to many incidents of quarrels which indicated that the applicants had issued threats to the deceased on many occasions. It is also clear from the narration that the enmity between the two groups in the family had reached it's peak. The deceased was found murdered on 1st of January 2009 at about 12.30 noon in a well. The sniffer dog led police to the house of the applicants. The police took search of the house of the accused and found the applicants' blood stained clothes. However, the police did not verify as to whether the blood on the clothes of the applicants belonged to the deceased. The police recovered an ax at the instance of the applicant No. 1. This all is material against the applicants. These circumstances, in my view, do not connect the applicants to the incident of murder. The applicants deserve bail. 3. Before I part with this order, I must mention that the order passed by the lower court on the applicants' bail application dated 27th April 2009 does not show proper application of mind by the learned Additional Sessions Judge on the facts of the case. When the application was decided, the investigation was already over and the charge sheet was already filed. Despite of the weakness of the prosecution case, the learned Additional Sessions Judge recorded that "there is strong material against the applicants". The learned Additional Sessions Judge did not take in to account the fact that though the blood stained clothes were recovered from the house of the applicants, the blood on the clothes was 3 not analysed to verify whether it belonged to the deceased. The learned Sessions Judge should have exerted more while deciding the application for bail. 4. The applicants are released on bail of Rs.5000/- each with one surety in the like amount. [ A.V. NIRGUDE, J. ] ssc/criapln1478.09