1 Criminal Application No.5200/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5200 OF 2010 Mahadeo Maniram Chavan ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Joydeep Chatterji, Advocate for the applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 5th January, 2011 PER COURT : 1. Heard. Learned A.P.P. waives services. He has with him the investigation papers in Crime No.I-113/2010 of Mantha Police Station. 2. The accused/ applicant Mahadeo Maniram Chavan, born on 13.1.1992, seeks to be released on bail in Crime No.I-113/2010 of Mantha Police Station. The controversy revolves to two brothers Shankar and Basram on agricultural property. The incident has taken place in the morning on 25.6.2010, when there were altercations between Shankar Rathod (deceased) and Basram, his brother. In the afternoon, several persons from rival group of Basram came in a vehicle, removed Shankar Rathod. Present accused/ applicant is said to be one 2 Criminal Application No.5200/2010 of them. Thereafter, it is alleged, Shankar Rathod was severely attacked by few of the accused persons. Statement of Sitaram Jadhav disclose that Vijay was armed with sword, accompanied with one Raju. Said Sitaram pointed presence of the accused to be unarmed, one Namdeo Khema Rathod was also unarmed. The sequence of events illustrate that the controversy having revolved to Shankar Rathod and Basram Rathod in the morning had assaulted his brother Basram, followed by the subsequent event reflected hereinbefore. The accused, as stated above, is in custody from 3.7.2010. Charge sheet is filed on 26.9.2010. In the supplementary statement dated 27.7.2010, Shashikala has roped the role of applicant Mahadeo. 3. The application moved by Namdeo Khema Rathod bearing Criminal Application No.4095/2010 is allowed by this Court, by order dated 13.10.2010. Role attributed to said Namdeo Khema Rathod and present accused Mahadeo Maniram Chavan is virtually identical. That apart, accused is not residing in the same village. He is distant relative of the two brothers. Though it cannot be said that the accused is falsely roped in the matter, however, considering his age to be 18 years, without any criminal antecedents, the accused deserves to be released on bail with conditions. O R D E R 1. The accused/ applicant Mahadeo Maniram Chavan be released on his furnishing P.R. bond and surety in the sum of Rs. 3 Criminal Application No.5200/2010 25,000/- (Rupees twenty five thousand) in Crime No.I-113/2010 of Mantha Police Station. (A) After his release, the accused/ applicant shall not stay in the vicinity of Mantha taluka till conclusion of trial. (B) The accused shall attend the Court proceedings without demur. (C) The accused shall not tamper with prosecution witnesses, shall not coerce the witnesses or influence them otherwise. Application allowed to the extent as above. K.U. CHANDIWAL JUDGE fmp/cri5200.10