1 CR.APL NO.5256/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 908. APPLN/5256/2010 PINTU @ PRADIP VILAS SURYAWANSHI [Criminal] V/S THE STATE OF MAHARSHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.R.Mantri, Adv., for the applicant. Mr.K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 23-2-2011 1. Heard. On 26.2.2010, on a trivial issue of distribution of water from tanker, complainant's son Pravin was slapped or abused by villagers, namely, Yogesh and Prakash. In order to check such activities, deceased Matya Alister Bhosale went with his wife to call on and warn said Yogesh and Prakash. However, one Raju Pawar intervened, there was altercation to some extent. Raju Pawar assaulted Matya Allister Bhosale, his wife Sharda and minor Pravin. The matter was reported by Matya Alister Bhosale to Bhingar Camp Police Station. 2 CR.APL NO.5256/2010 2. The other event, on the same day, occurred at around 6 p.m. when Matya was proceeding in the village. The applicant, along with 5/6 other persons accosted and controlled deceased. The applicant allegedly assaulted by an iron rod (GAJ) 4 cm diameter with length of 26 inches. Informant was also assaulted. However, no sooner the villagers barged at the place, the applicants and other assailants sneaked from the spot. Matya died on the next day at 2.50 a.m. on 27th Feb.,2010. 3. Learned Counsel for the accused/applicant invited my attention to the statement of Police Constable Sonyabapurao to illustrate that, indeed, at around 5 p.m. deceased Matya had already suffered head injury for which offense under Crime No.67/2010 was registered under Sections 323, 504, 506, while the latter incident has taken place at 6 p.m. 3 CR.APL NO.5256/2010 4. The other facet of the matter that has been informed is, the cause of death is due to head injury, however, as statement disclosed, it was not the accused/applicant who was alone holding iron rod but there were others who were armed with sticks and they allegedly dealt the deceased even with kicks and fists. These persons are released on bail. 5. Taking these aspects into consideration, the accused / applicant, in custody from 14.4.2010, without any criminal antecedents, is required to be released on bail, with conditions. Hence order: ORDER (a) The accused applicant Pintu @ Pradip Vilas Suryawanshi be released on furnishing P.R. bond and surety in the sum of Rs. 25,000/- ( Rs. twenty five thousand). (b) The accused/applicant shall attend the investigator on every 4 CR.APL NO.5256/2010 alternate Sunday between 3 to 5 p.m. till conclusion of trial. (c) The accused/applicant shall not reside/stay at village Wakodi, Tq. and dist. Ahmednagar, till conclusion of the trial. He will furnish his changed address either at Ahmednagar or any other place, to the investigator within a week after release, shall not influence or coerce the witnesses and, particularly the complainant, her son and other eye witnesses. Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/5256-10crapl