1 Criminal Application No.753/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.753 OF 2011 Jabbar Khan Shabbir Khan & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Joydeep Chatterji, Advocate for applicants Shri V.H. Dighe, A.P.P. for respondent, assisted by Mrs. S.S. Jadhav, Advocate for original complainant ..... CORAM : K.U. CHANDIWAL, J. DATE : 9th March, 2011 PER COURT : 1. Heard. The accused/ applicants seek bail in Crime No. 117/2010, registered at Bhokardan Police Station, District Jalna for offence under Sections 302, 323, 504, 506 read with Section 34 of the Indian Penal Code. 2. In a clash over sharing water in a well from agricultural field, the accused/ applicants with two others questioned Sardarkhan, the deceased and his brother, the complainant Balekhan. In the altercation, two of the colleagues of accused/ 2 Criminal Application No.753/2011 applicants stabbed Sardarkhan at his arm pit. Resultantly, he suffered a blow. Asifkhan controlled him by neck while these applicants inflicted fist blows. The events were witnessed by five persons, who also named these accused/ applicants. Sardarkhan was removed to hospital where he was declared dead. Post mortem notes illustrated death due to stab injuries. Reading the details in the F.I.R. with the statement of five eye witnesses, the accused/ applicants, with two others, shared common intention to eliminate Sardarkhan. It was a dispute over sharing of water in the well, minimal role by itself will not at this stage, entitle the accused/ applicants to be released on bail even if charge sheet is filed. Application lacks merits, rejected. K.U. CHANDIWAL JUDGE fmp/cri753.11