{1} cria214411.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2144 OF 2011 Sumitra Uttam Kharat Applicant Versus State of Maharashtra Respondent Mr.Joydeep Chatterji, advocate for the applicant. Mr.T.S.Lodhe, A.G.P. for Respondent-State. CORAM : S.V.GANGAPURWALA, J. DATE : 24 th May, 2011 PER COURT: 1 The present applicant is being prosecuted for an offence punishable under Sections 302, 323, 504, 447 read with Section 34 of the Indian Penal Code. 2 The complaint was lodged on the ground that accused nos.1 and 2 had beaten deceased-Babasaheb, who succumbed to death, by sticks and legs. Present applicant is accused no.3. The only allegation, as far as accused no.3 / present applicant is concerned, is that the applicant came after death of deceased and had beaten the complainant. Prima facie, offence punishable under Section 302 of I.P.C. cannot be made out against present applicant. The applicant is in custody since 20th April, 2011. I do not see any reason to detain the applicant further. {2} cria214411.odt 3 Criminal Application is allowed. Applicant – Sumitra Uttam Kharat is released on bail on furnishing P.R. bond of Rs. 15,000/- (Rs.Fifteen thousand) with one surety of the like amount. Applicant shall cooperate with the investigation and shall not tamper with the prosecution witnesses and evidence. Applicant shall attend the Police Station on every Sunday between 11.00 a.m. to 2.00 p.m. Applicant shall not leave local limits of village Nandapur, without prior intimation to Investigating Officer. S.V.GANGAPURWALA JUDGE ******* adb/cria214411