{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3867 OF 2009 1. Ramesh s/o Falaji Ingole Age-25 years, Occ-Agri. R/o Karanji, Tq-Basmath, Dist-Hingoli 2. Baliram s/o Falaji Ingole Age-Major, Occ-Agri, R/o Karanji, Tq-Basmath Dist-Hingoli APPLICANTS VERSUS The State of Maharashtra Through Police Station, Hatta, Dist-Hingoli RESPONDENT ....... Mr.S.J.Salunke, Advocate for the applicants Mr.N.B.Patil, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th November 2009 PER COURT: 1. By the present application the applicants have prayed to release them on bail in connection with CR No.49/2009 registered with Hatta police station for an offence punishable u/s {2} 302 r/w 120-B of the Indian Penal Code. 2. At the outset, it is to be noted that after arguing for some time, learned counsel for applicants states that he does not press for the application in respect of applicant No.1 Ramesh and restricts his submissions so far as applicant No.2 Baliram. In view of this fact, the application, so far as it relates to applicant No.1 Ramesh, stands rejected. 3. Heard learned counsel for the applicants in respect of applicant No.2 Baliram followed by the arguments of the learned APP. 4 Perusal of the investigation papers show that the alleged incident took place on 12th May 2009, which is an off shoot of the incident occurred on 11th May in respect of damage to the bike of the deceased. My attention is also drawn towards the incident occurred in the early morning of 12th May 2009 when the complainant reached at the spot she saw that accused Ramesh, Nana and Baliram were fleeing from the place of incident. Perusal of the complaint indicate that accused Ramesh was holding an axe in his and while accused Nana was holding a sickle in his hand. PM notes indicate nature of injuries as incise cut wounds, which can be caused with sharp cutting instrument. The probable cause of death is that shock due to multiple injuries. If the death is caused due to the injuries sustained by the deceased, then there {3} shall be some nexus between the allegations against the applicants and the cause of death, which caused due to injuries by the instruments allegedly used by the accused. However, the complainant does not speak about as to whether at the time of alleged incident the applicant No.2 was carrying any weapon or he has given any blow. In the premise, though the learned APP has opposed the application on the ground that there is ample evidence against the applicants, yet he is unable to point the specific evidence against applicant No.2. 5. In the result, the application is partly allowed. The bail application of applicant No.1 Ramesh is rejected. The application of applicant No.2 Baliram is allowed. Applicant No.2 Baliram be released on bail on furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. Applicant No.2 Baliram not to tamper with the prosecution witnesses. The application is disposed of in terms of the above orders. [A.V.POTDAR, J.] drp/criapln3867-09