1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.837 OF 2010 Sevak S/o.Shamrao Shinde, Age­50 years, Occu­Labour, R/o.Bethlam, Tq. And Dist. Jalna APPLICANT VERSUS The State of Maharashtra, Through Investigation Officer, Taluka Jalna Police Station, Tq. and Dist. Jalna RESPONDENT Mr.R.V.Gore, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 11/03/2010 PER COURT : 1. By the present application, the applicant has approched this Court for his release on bail in connection with CR No.268/2009, registered in Taluka Jalna Police Station of Dist. Jalna in which the present applicant came to be arrested on 10/10/2009 and charge sheet was filed on 11/01/2010 in the Court of J.M.F.C. Jalna and numbered as RCC No.20/2010. 2. Perusal of charge sheet shows that the alleged offence came to 2 be registered on the complaint of one Hannabai Pailas Shinde, about the attack on her mother in law Damyantibai in the evening of 07/10/2009 with an axe, in which she sustained serious injuries. Hence initially an offence was registered u/s. 326 of The IPC, but while under treatment, Damyantibai expired on 15/10/2009, hence said offence was converted into section 302 of The IPC, in which the applicant came to be arrested on 16/10/2009. 3. Papers of investigation including the complaint discloses that so far as the incident of assault on Damyantibai took place in the evening of 07/10/2009, in the morning session when the earlier quarrel took place, the applicant was present at the spot. From the disclosure of facts in the complaint, as well as other witnesses, whose statements were recorded during the course of investigation, nowhere shows that the present applicant was present when the alleged incident took place at 5.30 p.m. as alleged by the complainant and witnesses in which Damyantibai sustained injury and later on lost her life. If the applicant was not present at all, at least at this stage, from the papers of investigation, no offence made out against the applicant, punishable with life imprisonment or death. Case is made out to enlarge the applicant accused on bail. In the premise, application succeeds and require following order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.10,000/­ and on executing PR bond in the like amount. 3 3. After released on bail, applicant not to contact the prosecution witnesses. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.837­10