Cri. Apln. No. 2367/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2367 OF 2011 1. Bhika Raoji Hajare, 2. Machindra Bhika Hajare, 3. Lahanu Bhika Hajare, All R/o. Hajarewadi, Panodi, Tq. Sangamner, Dist. Ahmednagar. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. V. Y. Bhide, Advocate for applicants. Mr. S.G. Nandedkar, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 24th June, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 81/2011 registered in Sangamner Taluka Police Station, District Ahmednagar for offences punishable under sections 302, 149 etc. of the Indian Penal Code. Papers of investigation were made available by APP for perusal. Both the sides are heard. 2. The report is given by Dhondiba Hajare, who is real brother of applicant No. 1. Applicant Nos. 2 and 3 are sons of applicant No. 1. They had some dispute with regard to ancestral property bearing Gat No. 418. Cri. Apln. No. 2367/11 2 It is the case of the complainant that partition has taken place and his brother is in possession of 4 acres of land. However, he has contended that one civil suit is pending in the Civil Court in respect of the same dispute. 3. The complainant has made allegations that on 23.4.2011 at about 8 a.m. when his son deceased was ploughing the land of his share, present applicants, wife of applicant No. 1 and wife of applicant No. 2 came there and they picked up a quarrel. He has contended that applicant No. 1 Bhika used sword against his son. Applicant No. 3 Lahanu used chopper against his son and applicant No. 2 Machindra used iron bar against his son and they assaulted him on his head, hands and legs. He has made allegations that applicant No. 1 Bhika gave blow of sword on his right hand. Allegations are made against lady members of the family that they gave beating by fist blows and kicks. He has mentioned names of the witnesses in the report. It appears that Gorakh, son of complainant, succumbed to injuries on the next day. 4. A copy of PM report produced by APP shows that the main injury was on head and due to head injury there was intra cerebral hemorrhage. There was injuries like abrasion over right thigh and left thigh and the injuries were anti-mortem. Injury certificate of complainant shows that he sustained injuries over left hand palm and two contusion injuries. There was fracture of left fibula and right Cri. Apln. No. 2367/11 3 metatarsal. 5. It was submitted for the applicant that due to civil dispute names of all the members of the family of applicant No. 1 are mentioned in the report. It appears that bail was granted by the Sessions Court to two lady members of the family of applicant No. 1. 6. The PM report shows that the injury to the head caused the death of son of the complainant and other two injuries were simple injuries. Allegation is made against applicant No. 1 that he used axe. Allegation is made against applicant No. 3 Lahanu that he used chopper. There is general allegation that assault was made on head and both upper and lower limbs by all the three applicants. There are statements of witnesses of the same nature. The papers of investigation show that on the basis of statement given by applicant No. 1 Bhika, axe and chopper came to be recovered and blood was found on the axe. 7. The record produced by the applicant shows that civil suit was filed by Bhika for relief of partition and that suit came to be decreed in his favour two months prior to the date of incident. This fact cannot be ignored. The advocate however admitted that execution proceedings is not filed by the present applicants. This circumstance needs to be kept in mind while deciding the application like present one. Criminal Applicant No. 2522/2011 is tagged with the present application. Though notice is Cri. Apln. No. 2367/11 4 not issued in that proceedings, it shows that application is filed for cancellation of bail granted to the wife of applicant No. 2. The aforesaid record shows that all the male members of Bhika are behind bars and there is aforesaid civil dispute. In view of the nature of allegations and the weapons used, this Court holds that bail cannot be granted to applicant No. 1 Bhika and applicant No. 3 Lahanu as they used weapons like axe and chopper, respectively. However, bail can be granted to applicant No. 2 Machindra, who allegedly used iron bar. His wife is also outside and there needs somebody to cultivate the land, otherwise it will be difficult to earn their livelihood. 8. So the application of applicant No. 1 Bhika and applicant No. 3 Lahanu stands rejected. 9. Application of applicant No. 2 Machindra Bhika Hajare is allowed. He is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is to co-operate the investigating agency and he is to attend the concerned police station as and when required till the filing of the chargesheet. [ T. V. NALAWADE, J.] ssc/criapln2367/11