cra3120.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3120 OF 2011 1) Bhagwan s/o Bhaurao Savant, Age-45 years, Occu:Agri., 2) Dattu s/o Bhaurao Savant, Age-42 years, Occu:Agri., Both R/o-Repewadi, Tq-Dharur, Dist-Beed. ...APPLICANTS. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.A.M. Gaikwad Advocate for Applicants. Shri.N.H. Borade, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 9TH AUGUST, 2011 cra3120.11 2 PER COURT : 1. This Application is filed for bail in C.R. No.27 of 2011 registered in Dharur Police Station, Dist-Beed, for the offences punishable under Sections 302, 336, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by Maroti Tarukar, father of deceased. He has contended that the Applicants were angry with him as on 23rd April, 2011, he had given report against them due to damage caused to common bandh by the Applicants. He has contended that on 26th April, 2011 at about 11.00 a.m. when he and his daughter, deceased Rupali, were walking towards the field and when they reached near the cattle shed of the Applicants, the Applicants intercepted them and they picked up quarrel. He has made allegations that in the quarrel, the cra3120.11 3 Applicants threw stones at them and the stones hit head of his daughter Rupali. He has contended that when Rupali collapsed, he ran towards the village. 3. There are statements of witnesses like Shivram showing that some others also witnessed the incident. There is statement recorded through Magistrate also. The P.M. report shows that as many as six injuries were found on the dead body. There was depressed fracture of skull and there was fracture of left femur. Today, the A.P.P. produced handicap certificate in respect of the girl, who was aged about 9 to 10 years. Her right portion of the body was affected and there was limp in her walk. Extent of permanent disability was said to be 40%. There are allegations that the Applicants pelted stones at this girl and the attack made by them caused death of handicapped girl. This material, is sufficient to make out prima facie case against the Applicants under Sections 302 and 336 of the Indian Penal Code and cra3120.11 4 there is possibility of tampering with the prosecution witnesses. Therefore, this Court holds that this is not a fit case for granting bail and the Criminal Application stands rejected. [T.V. NALAWADE, J.] asb/AUG11