{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2442 OF 2010 WITH CRIMINAL APPLICATION NO.2500 OF 2010 XXX --- XXX CRIMINAL APPLICATION NO.2442 OF 2010 Deepak Genu Aadballe and another APPLICANTS VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.2500 OF 2010 Ganesh Sampat Aadballe APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. S.L.Bhapkar, Advocate for the applicants Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th July 2010 {2} PER COURT: 1. By these criminal applications, the applicants have prayed to release them on bail in connection with CR No.34/2010 registered with Bhingar Camp police station, Ahmednagar for an offence punishable u/s 302, 324, 325, 142, 147, 148, 149 of the IPC with sections 37 (1) (3) and 135 of the Bombay Police Act. 2. All these applicants are arrested on 27th February 2010 and since then they are in jail. It is informed that in this offence, after completion of the investigation, charge sheet has been filed before JMFC, Ahmednagar on 27th May 2010 and after passing the necessary committal order the matter is committed to the Court of Sessions, Ahmednagar and numbered as Sessions Case No.111/2010. 3. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation. 4. As both these applications arise out of same crime, the {3} same are being disposed of by this common order. 5. It appears that the present applicants are neighbours of the complainant. It is alleged in the complaint that in the evening of 26th February 2010 due to quarrel between the applicants and complainant on the count of fetching of water from tap, the complainant, her husband and parents in law of the complainant had been to Bhingar Camp Police station to lodge the complaint. It is further alleged that when they were returning to home, the applicants and others, who were armed with deadly weapons, intercepted them and assaulted the complainant, her husband so also her parents in laws. During the said scuffle, husband of the complainant sustained grievous injuries and hence he was taken to civil hospital where he succumbed to the injuries. It is also alleged that parents of the deceased also sustained grievous injuries in the said assault. 6. Postmortem notes indicate that total 6 injuries were found on the person of the deceased and the cause of death is opined as "due to head injury". Admittedly, there was fracture on {4} the skull of the deceased. The injuries found on the person of parents of the deceased are also in the nature of fracture. Thus, it is clear that great force was used to inflict the injuries on the deceased so also on the injured. 7, Papers of investigation disclose that the complainant so also the injured are the eye witnesses of the incident, who had also sustained grievous injuries in the said incident. 8. Learned counsel for the applicants contended that considering the fact that now the investigation is over, the applicants be released on bail. Papers of investigation indicate that incriminating articles like iron rods and sticks are recovered at the instance of the applicants. In the premise and considering the severity of the incident particularly the way and manner in which the complainant, deceased and parents of the deceased were attacked coupled with the nature of injuries that too on account of a trifle matter of fetching of water from a water tap, it prima facie appears that if the applicants are released on bail the life of the complainant and the injured would be in danger. In view of this no {5} case is made out to enlarge the applicants on bail. In the result, both the applications, which are devoid of any merit, stand rejected. The applicants are at liberty to apply to expedite the trial before the trial court. [A.V.POTDAR, J.] drp/B10/criapln2442-2500-10