1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1886 OF 2010 1. Surupsing S/o.Komaji Gavit, Age-46 years, Occu-Agriculturist, 2. Kisan S/o.Surupsing Gavit, Age-24 years, Occu-Agriculturist, 3. Gimba S/o.Tukdya Gavit, Age-48 years, Occu-Agriculturist, 4. Arvind S/o.Dharma Gavit, Age-27 years, Occu-Agriculturist, All R/o.Karanjali, Tq.Nawapur, Dist. Nandurbar APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.C.R.Deshpande, learned counsel for applicants. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 11/06/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 87/2009, registered in Visarwadi Police Station, in which all these applicants came to be arrested on the date of incident, i.e. on 2 10/08/2009, in which after completion of investigation, charge sheet was filed on 26/10/2009 against total 7 accused, including these 4 applicants. As their attempts to get release on bail failed before the Lower Courts, now they are before this Court for their release on regular bail. 2. Heard learned counsel for applicants. Also heard learned APP for State. Perused the papers of investigation, which are made available as now the investigation is over and charge sheet is filed. 3. Before proceeding further, it is necessary to consider that the alleged incident occurred on the agricultural dispute between the applicants and others at one side and the complainant and others on other side, and this incident took place at 10.30 a.m. In the premise, identification of the culprits at the hands of complainant and other witnesses can not be disputed. 4. During the free fight, one Lalsing, the father of complainant expired while other 6 persons in the family of the complainant got injured. 5. During the course of submissions across the bar, my attention is drawn by the learned counsel appearing for the applicants towards the allegations in the complaint about the assault on the complainant and witnesses by these applicants. By pointing out these facts, he apparently turned my attention towards the notes of 3 post mortem in which cause of death is mentioned. According to post mortem report, the death of deceased was not caused to the injuries sustained by him, but due to his severe anemic condition. 6. In this light, the allegations in the complaint as well as the statement of witnesses require to be considered. Surupsing was armed with “degara”, a type of stick, who has not only assaulted Lalsing, but also Govind and Uttam. It is a free fight with the weapon in the hand of Surupsing. There are also many external injuries on the body of deceased Lalsing. There is one injury below rib no.8,9, 10 and lower part below that. The spleen is coming towards the left side below the rib cage. In this premise, even though it was urged that the death of Lalsing is not the result of attack on him, but due to his severe anemic condition, can not be accepted at this stage. In the premise, so far as application of Surupsing is concerned, it can not be considered for grant of bail. 7. So far as application of remaining 3 applicants in concerned, they have not attacked on Lalsing, but on Govind, Uttam and Sudam, whose medical certificates were on record. Even though they are members of unlawful assembly, who have attacked on deceased Lalsing and his family members, they can not be connected prima facie at this stage with the death of Lalsing, hence, considering the evidence against these witnesses, they are entitled to enlarge on bail. In the premise, the application deserves following order ; 4 O R D E R 1. Application is partly allowed. 2. Application in respect of applicant no.1 Surupsing is hereby rejected. 3. Application of applicant no.2 to 4 is allowed. They be released on bail on furnishing solvent surety in the sum of Rs.25,000/- each and on executing PR bond in the like amount. 4. After released on bail, applicant no.2 to 4 not to contact the prosecution witnesses or to tamper the prosecution evidence. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri-appl-1886-10