-- 1 -- Criminal Application No.631/2011 with Criminal Application No.725/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.631 OF 2011 Sanjay s/o Sonaji Rahatkar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri V.M. Maney, Advocate for applicant Shri K.M. Suryawanshi, A.P.P. for respondent ..... W I T H CRIMINAL APPLICATION NO.725 OF 2011 Navanath s/o Marotrao Rahatkar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Mrs. M.R. Jamdhade, Advocate for applicant Shri K.M. Suryawanshi, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 28th February, 2011 PER COURT : 1. Heard respective counsel. In a conspiracy hatched by maternal uncle Laxman, Narayan was done to death. The role -- 2 -- Criminal Application No.631/2011 with Criminal Application No.725/2011 attributed to accused/ applicants Navanath and Sanjay are, they were members in the conspiracy, remained in the field when the assailants Vishwanath and Gangadhar went to activate the elimination of Narayan. The motorcycle possessed by the accused Sanjay is taken charge. Even if prima facie it appears that the accused/ applicants were part of a concert hatched by Laxman, however, they were not to gain anything from transfer of property or elimination of Narayan. They were not contract killers. Application of Jalbaji Kishan Kale (Criminal Application No.4722/2010) under Section 438 of the Criminal Procedure Code is allowed by this Court on 21/12/2010. Taking these aspects into consideration, since the charge sheet is filed, the accused/ applicants hail from the village, dependency is also demonstrated, the accused/ applicants Navnath s/o Marotrao Rahatkar and Sanjay s/o Sonaji Rahatkar deserve to be released on bail on condition. Hence order : O R D E R (I) The accused/ applicants Navanath s/o Marotrao Rahatkar and Sanjay s/o Sonaji Rahatkar be released on executing P.R. bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand) each. -- 3 -- Criminal Application No.631/2011 with Criminal Application No.725/2011 (II) The accused/ applicants shall not reside at village Dhangar Takli till conclusion of trial, they shall give their changed address to the investigator within 15 days of release. Both the applications are allowed. K.U. CHANDIWAL JUDGE fmp/cri631.11