1 BA-1350.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1350 OF 2011 {For Bail} 1. Prakash Krishna Dhavale 2. Dada Krishna Dhavale 3. Jyotiram Dada Dhavale .... Applicants Vs. The State of Maharashtra .... Respondent Shri V.V. Purwant for the Applicants. Ms A.A. Mane, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 07, 2011 P.C: This is an application for bail by three of the nine accused who have been charge- sheeted for the offences punishable under Sections 302, 326, 435, 427, 147, 148, 149 and 506 of the IPC. There were disputes between the victim's faction and the applicants on account of right of way. The dispute had been resolved by the Tahsildar in favour of the applicants. Also, there was an ad-interim injunction in favour of the applicants issued by a Civil Court. However, on account of that dispute a quarrel erupted on 17-2-2011 at about 8:00 2 BA-1350.11 a.m.. The applicants and six others are alleged to have assaulted the first informant Shantilal and his father Dnyandeo. In the course of the quarrel, applicant No.1 Prakash hit Dnyandeo with an axe and applicant No.2 Dada hit him with a sword. The blows fell on the head of Dnyandeo. Applicant No.3 Jyotiram is alleged to have hit the victim with a stick on the head and back. The victim was admitted to a hospital for treatment and eventually succumbed to his injuries on 28-3-2011. The investigation in this case is complete and the charge-sheet has been filed. The learned counsel for the applicants submitted that in the notes of the post-mortem examination, no external injuries are shown except bed sores. Therefore, according to him, it cannot be said that the applicants had caused any injuries. As rightly pointed out by the learned APP, there is an injury certificate issued by the Medical Officer of Bhagyajay Hospital at Baramati where the victim was admitted. It shows two fractures on the right temporal and parietal bones and intracerebral bleeding, which may be consistent with the assault by the applicants Prakash and Dada by and axe and sword on the victim's head. In view of this, applicant Nos.1 and 2 are not entitled to bail. As far as applicant No.3 is 3 BA-1350.11 concerned, though the learned APP submitted that he too had hit the victim on the head, since there is no third injury on the victim's head and since the weapon used by applicant No. 3 is stated to be only a stick, his being in custody pending the trial may not be necessary. Applicant No.3-Jyotiram be, therefore, released on bail in C.R. No.65 of 2011 of Karmala Police Station, District Solapur on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/-. The application of applicant No.3 accordingly stands disposed of. The application of applicant Nos.1 and 2 is rejected. (R.C. CHAVAN, J.)