Cri. Apln. No. 2371/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2371 OF 2011 1. Navnath s/o. Bhiva Hagare, 2. Sadhu @ Vikas s/o. Dnyandeo Hagare, Both R/o. Savargaon, Tq. Tuljapur, Dist. Osmanabad. ....Applicant. Versus The State of Maharashtra ....Respondent. Mrs. Sadhana Jadhav, Advocate for applicants. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 8th July, 2011. PER COURT : 1. This application is filed for bail in Cri. No. 54/2010 registered with Tamalwadi Police Station, District Osmanabad for offences punishable under sections 302, 149 etc. of IPC. Papers of investigation were made available by APP. Both the sides are heard. 2. The crime is registered on the basis of report given by one Smt. Sajabai, mother of deceased Tukaram. Her family has some dispute with the family of applicants over agricultural land and one suit is pending in respect of the said dispute. It is her case that she had obtained relief of Cri. Apln. No. 2371/2011 2 temporary injunction against the applicants' family. In spite of that, they were trying to do the agricultural operations in the field. Incident took place on 5.10.2010 when she and Tukaram were present in the field. When present applicants and another accused started agricultural operation in the filed, complainant and her son intercepted them to stop them. The complainant has made allegations that present applicants and four other persons from the side of the accused assaulted her and also Tukaram. She has made allegations that applicant No. 2 Sadhu gave blow of axe on the neck of Tukaram. In the first report she had made allegations against applicant No. 1 Navnath that he had used Rumna, piece of wood against the deceased. In supplementary statement she has made allegations that when applicant No. 2 was giving blow of axe on the neck of Tukaram, applicant No. 1 had held the legs of Tukaram. 3. It was submitted for the applicants that this Court has granted relief of bail to persons like Vishwanath, Kashinath, Vishwanath Krushna when there are similar allegations against them. It was submitted that the application in respect of applicant No. 2 Sadhu alias Vikas is not pressed. So the application of applicant No. 2 Sadhu alias Vikas stands disposed of as not pressed. 4. Allegations made by only eye witness show that she has made allegations against three persons who are released on bail and they had Cri. Apln. No. 2371/2011 3 held Tukaram when Sadhu alias Vikas was giving blow of axe on the neck of Tukaram. In supplementary statement she has made allegations against the accused Vishwanath that he used pointed instrument (Chimta) and blow of this weapon was given on the neck of Tukaram. But, Vishwanath is granted bail. The advocate of the applicant submitted that on the ground of parity, bail needs to be granted to applicant No. 1 Navnath, who is aged about 65 years. Chargesheet is already filed. Though section 149 of IPC is used, considering the dispute which is going on between the parties and aforesaid circumstances, this Court holds that, bail can be granted to applicant No. 1 Navnath, subject to some conditions. 5. So, application of applicant No. 1 Navnath s/o. Bhiva Hagare is allowed. He is to be released on bail in Cri. No. 54/2010 registered with Tamalwadi Police Station, District Osmanabad for offences punishable under sections 302, 149 etc. of IPC on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2371.11