1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 3425/2009 ( Hemant D. Zilpe .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.R. Vyas, Advocate for Applicant Mr. A.D. Sonak, APP for Respondent. .... CORAM : P.D. KODE, J. DATED : NOVEMBER 21, 2009 Heard. The prayer for bail made by one of the co- accused arrested on 27.10.2009 in connection with Crime No. 279 of 2009 registered on 23.10.2009 for commission of offence punishable under Section 302 read with Section 34 of IPC is mainly objected by the prosecution on the count of the presence and the participation of the applicant in an incident which has ultimately resulted into the death of husband of the maternal aunt of the applicant, has been borne by the prosecution material inasmuch as FIR initially lodged for commission of offence punishable under Section 324 read with 34 of IPC disclosing the name of the applicant and the same being found fortified by the statement of the other four eye witnesses recorded during the course of the investigation. The submission of the learned counsel for the applicant that cause of death of deceased being head 2 injury and not due to other injuries and even accepting the account of an incident as contained in the prosecution material as it is not revealing applicant either being armed with any weapon or having inflicted any blow on head and the blow on the head being given by the main accused who is brother of the applicant and same revealing incident having taken at the spur of moment is found prima facie supported after perusal of the material in the case diary. The same appears accordingly as the said material reveals that the applicant and his brother had been for attending the funeral ceremony of their paternal grand-mother , were prohibited to effect the obsequies by their maternal aunt and her husband i.e. deceased and thereon the quarrel having ensued in between the applicant and his brother on one side and the deceased and the during the said quarrel the brother of deceased had thrown a stone and which had struck on the head of the deceased. Needless to add that prima facie perusal of the material does not reveal the applicant being armed and having used any weapon or any other weapon much less even with stone used during the incident. Having regard to the same and the offence prima facie committed by the applicant during the episode, the discretion deserves to be exercised in releasing him on bail by imposing suitable conditions. Hence the order: The applicant is directed to be released on bail on his executing a PR bond in a sum of Rs.30,000/- with one surety in the like amount subject to the conditions that the applicant (i) shall attend Ajni Police Station in connection with the investigation of the said crime 3 everyday in between 9 a.m. and 12 noon for 7 days and thereafter as and when called by I.O. , (ii) shall not attempt to hamper with ongoing investigation in any manner or to tamper prosecution evidence so far collected, (iii) shall reside at address mentioned in application and not to change the same without prior permission of Court and (iv) shall not commit any offence while on bail. Application stands disposed of. In view of disposal of main application, Criminal Applications (APPP) No. 315 and 316 of 2009 stand disposed of. JUDGE halwai