1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.725 OF 2010 1. Siddhanath S/o.Limbraj Mane, Age-22 years, Occu-Agriculturist, R/o.Narangwadi, Tq. Omerga, Dist. Osmanabad 2. Tejabai W/o. Limbraj Mane, Age-45 years, Occu-Household, R/o.Narangwadi, Tq.Omerga, Dist. Osmanabad APPLICANTS VERSUS The State of Maharashtra, Through Police Inspector, Omerga Police Station, Tq.Omerga, Dist. Osmanabad RESPONDENT Mr.M.A.Kandharkar, learned counsel for applicants Mr.N.R.Shaikh, learned APP for respondent State. WITH CRIMINAL APPLICATION NO.774 OF 2010 Ahmed S/o.Amin @ Aatiw Mujawar, Age-24 years, Occu-Labour, R/o.Pethsangavi, Tq.Omerga, Dist. Osmanabad APPLICANT VERSUS The State of Maharashtra, RESPONDENT 2 Mr.V.D.Sapkal, learned counsel for applicant Mr.N.R.Shaikh, learned APP for respondent State. WITH CRIMINAL APPLICATION NO.775 OF 2010 1. Mangalabai W/o.Dhanraj Pawar, Age-65 years, Occu-Household, 2. Rukminibai @ Chhayabai W/o.Narsing Pawar, Age-50 years, Occu-Service, 3. Nirmalabai W/o.Premnath Pawar, Age-45 years, Occu-Household, All R/o.Narangavadi, Tq.Omerga, Dist. Osmanabad APPLICANTS VERSUS The State of Maharashtra, RESPONDENT Mr.V.D.Sapkal, learned counsel for applicants Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 09/03/2010 PER COURT : 1. By all these 3 applications, the applicants have approached this Court for their release on bail in connection with CR No. 194/2009, registered in Omerga Police Station, for the offence punishable u/s. 302, 147, 148, 149, 323, 395 of IPC, in which they were arrested on 24/12/2009 and for about 78 days, they are in custody. 3 2. Heard learned counsel for applicants followed by the submissions of learned APP for State. Also perused the papers of investigation. 3. From perusal of the papers of investigation, it appears that the said offence came to be registered on the complaint of one Fulchand Nivrutti Gade about the incident took place in his field in the early hours of 23/12/2009. In the said complaint, he has given the names of 16 persons, who came in the field when there is standing crop in his field. There is civil dispute pending before the District Court to which the second applicant in Cri.Appl.NO.775/2010 and the complainant are the parties. It is alleged that the decision of the District Court went in favour of the cousin of complainant and against this Pawar family, and they were prohibited by an injunction order for the entry in the said field. 4. The allegations in the complaint discloses that in the early hours of 23/12/2009, a tractor driven by the applicant in Cri.Appl.No. 774/2010, whose name did not appear in the complaint, but revealed later on and find place in the supplementary statement, applicants in Cri.Appl.No.725/2010, as well as the applicants in Cri.Appl. NO.775/2010 came in the field alongwith number of other persons and they started to harvest the standing crop in the said field. One Pradip gave message to the complainant about the act of these applicants and others. At that time, the complainant came there alongwith his family members. When questioned as to why 4 they are removing the standing crop from the field, scuffle took place between those 16 persons, in which the role played by the famale members of throwing chilly powder in the eyes of male members is mentioned. There are specific allegations against the persons who used the weapons. From these facts, as well as the papers of investigation further shows that person by name Ganesh Manik Rubade lost his life in the said free fighting, on whose face the chilly powder was thrown by the female members, whose names are disclosed in the FIR as well as in the supplementary statement. 5. Considering these facts, it can not be disputed that the death of Ganesh is a homicidal death. Considering the facts that these applicants are behind bars for more than 75 days, whether any specific role is attributed to them ? So far as first applicant in Cri.Appl.No. 725/2010 is concerned, no specific role is disclosed either from the complaint or from the statements recorded during the investigation other than he is present on the spot. Applicant no.2 in the first application as well as the 3 applicants in Cri.Appl.No. 775/2010, the role attributed that during the said free fighting, throw chilly powder on the face of Ganesh and others. The role attributed to the applicant in Cri.Appl.No. 774/2010 that he is the driver of tractor in whose tractor all these persons arrived in the field and damaged the standing crop. 6. Considering the nature of the matter and the period of detention which the applicants have already undergone and the role 5 played by them, as even though there presence can not be disputed, but there is no other overact on their part. They are entitled to be enlarged on bail with certain conditions. O R D E R 1. All the three applications are hereby allowed. 2. The applicants in all the applications be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. After released on bail, the applicants not to contact with the prosecution witnesses. 4. All the applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.725-10