{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3961 OF 2010 Pradeep Sudarshan Solanke & Others APPLICANTS VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.3974 OF 2010 Mayur @ Mahendra Vaijanath Solanke APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.J.Salunke, Advocate for the applicants Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 13th October 2010 PER COURT: 1. This is a second attempt of the applicants before this Court, to get themselves released on bail, as now charge sheet has been filed, the applicants are again come before this court contending change in circumstances. 2. As both the applications arise out of Crime No.15/2010 registered with Dharur police station, they are being disposed of by {2} this common order. 3. Heard learned counsel for the applicants followed by the submissions of learned APP. 4. This offence was registered on the complaint of one Rajabhau Solanke, son of deceased Subhash about the incident dated 29.03.2010. Perusal of the complaint shows that in the afternoon of the same day, some quarrel had taken place between Prashant and Dayanand. The same was settled in morning itself. However, in the evening the applicants and others came to the house of the complainant on account of the earlier incident. They were armed with sticks and knifes. At that time, on hearing the shouts father of the complainant came there and had enquired about the matter. It is alleged that at that time, applicant Mayur assaulted his father with knife while applicant Pradeed and others assaulted him with sticks. 5. The Postmortem report shows that the cause of death was a head injury. Injuries mentioned in column No.17 of the PM report indicate that the injuries can be inflicted with hard and blunt object i.e. stick and handle of the knife. During the investigation, sticks are recovered at the instance of applicants Pradeep and Pramod where as knife is recovered from applicant Mayur. During the investigation statements of the injured eye witnesses are recorded, who supports the disclosure of facts {3} mentioned in the complaint. The seized Articles were sent to Chemical Analyser and the Report of the CA indicates that the blood of the deceased was of “A” group and the blood found on the seized articles was also of “A” group. 6. Learned counsel for the applicants has urged that there are counter complaints against the complainant party and the accused therein are released on bail. So far as injuries sustained by the applicants, noted in the medical certificates, are minor in nature. However, considering the nature on injuries sustained by the deceased as well as injured persons, it is prima facie clear that the attack was pre-planned. In the premise, the applicants, who were the members of the unlawful assembly having weapons, though not recovered from all of them, with common object to cause bodily injury which may likely to cause death and hence the offence is punishable with life imprisonment or death, do not deserve liberty. Since there appears to be direct nexus between the injuries found on the person of the deceased and injured persons and the role alleged against the applicants, the applications deserve to be dismissed. Therefore, there being no merit in the applications, both the applications stand rejected. [A.V.POTDAR, J.] drp/B10/criapln3961-10