1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3167 OF 2010 Smt. Saraswati W/o Shriram Bhutekar ..APPLICANT -VERSUS- Ganesh S/o Vasantrao Bhutekar and others ..RESPONDENTS ......... Mr. N.K. Choudhari holding for Mr. V.A. Bagal, advocate for applicant Mr. B.J. Sonawane, A.P.P. for respondent no.6 ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 1 st October, 2010. PER COURT : 1. Heard. The application is for cancellation of bail granted to the respondents. 2. The incident occurred on 18.06.2010. The F.I.R. was lodged by the wife of deceased Shriram. It was alleged that on the day of incident, she heard the sound of quarrel from a place which is of common ownership. She went there. She noticed that the respondent nos.1 to 5 had picked up quarrel with her husband (Shriram) and were abusing him. They assaulted him by means of fists and kicks. 3. The learned Sessions Judge granted bail to the respondent nos.1 to 5 for the reason that they had not used any 2 weapon and that the assault was on account of quarrel which took place at the spur of moment. 4. The learned Advocate for the applicant (complainant) submits that the application for bail filed before the trial Court on 07.07.2010 itself shows that deceased Shriram was suffering from heart disease and this fact was known to the respondent nos.1 to 5. It is pertinent to note that the incident occurred on 18.06.2010 whereas, the statement is made in the bail application which was filed on 07.07.2010. There is nothing on record to show that such knowledge was available with the respondent nos.1 to 5 at the relevant time when assault was mounted on deceased Shriram. The subsequent statement made in the bail application can not be interpreted to attribute such knowledge to them in order to implicate them, prima facie, for commission of the offence which requires intention to cause death of Shriram. 5. Considering these aspects, the application for cancellation of bail is without substance and as such is dismissed. (V.R.KINGAONKAR) JUDGE gas/cri3167.10