1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 403 OF 2011 ( Pundlik Fakiraji Dyare Vs. State of Mah. PSO PS Pulgaon Distt. Wardha) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. N. Khare Adv for applicant. Shri S. S. Doifode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 28th JULY, 2011. . This is an application under Section 439 of Criminal Procedure Code for releasing the applicant on bail, against whom Crime No. 04 of 2011 is registered with the Police Station Pulgaon district Wardha under Section 302, 504 read with Section 34 of Indian Penal Code. In village Nachangaon there is a water pond used for raring and breeding fishes and for that there are watchmen employed to protect it from the theft. The deceased Purushottam is also a fisherman by profession. On 10.01.2011 he had gone to the pond to answer nature's call and at that time there was altercation between him and the watchman. Thereafter he was 2 assaulted by 3-4 persons. Injuries sustained by him resulted in his death. Postmortem examination reveals that the injuries were all in the form of contusions and lacerated wounds and are antemortem. They were on the right buttock, on the right pelvis, on the right and left scapular region, on the left leg, right thigh. Injuries to the internal organs like lungs, spleen and liver were noticed and they resulted in his death. With the assistance of the learned counsel for the applicant and learned APP case diary is perused. Since the deceased who had gone to the pond in the night when it was dark, the watchman suspected him to be a thief. It appears from the statements of complainant and Ishwar that accused Amol knocked the deceased and fell him on the ground and sat on his chest. One Milind Ambade brought a stick from the hut. Then Amol assaulted the deceased with that stick, thereafter Milind also assaulted the deceased with that stick. As regards present applicant, it is stated that he had caught hold the hands of deceased. The applicant is about 65 years old. He was discharging his duties as a Watchman. There is a clear evidence to suggest that Amol and Milind had assaulted the deceased with stick. Considering the role attributed to the present applicant and considering the circumstances under which the 3 offence took place i.e. particularly having regard to the conduct of the applicant, application is allowed. Applicant be released on executing PR bond in the sum of Rs. 25,000/- with two sureties in the like amount. Hamdast allowed. JUDGE svk