1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4542 OF 2009 1. Kadnya S/o.Pensilya Bhosle, Age-55 years, Occu-Agriculturist, 2. Pintya @ Avinath S/o.Kadnya Bhosle, Age-21 years, Occu-Agriculturist, All R/o.Kolgaon, Tq.Shrigonda, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra, Through Police Station, Shrigonda, Tq.Shrigonda, Dist. Ahmednagar RESPONDENT Mrs.M.D.Thube-Mhase, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 08/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 64/2009, registered in Shrigonda Police Station, for the offence punishable u/s. 302, 342, 324, 143, 147, 148, 149, 504, 506 of IPC, in which they were arrested on 27/09/2009 and 28/09/2009, in which after completion of investigation, charge sheet was filed on 28/11/2009, in the Court of J.M.F.C. Shrigonda. The trial is yet to be committed to the Court of Sessions. 2 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation. 3. During the course of submissions across the bar, it is urged that these applicants and complainant are relatives of each other, as their daughters are given in marriage to either side, i.e. daughter of the applicants is daughter in law of the complainant party, vis-a-vis, the daughter of the complainant party is the daughter in law of the applicants party. There are criminal complaints filed against each other, in which earlier the applicants party were acquitted, while some of the persons from complainant party were convicted. 4. It appears from the papers of investigation that the alleged incident occurred in the morning of 17/02/2009 wherein persons from both the parties were injured. To that effect, one complaint came to be lodged in Shrigonda Police Station by one Rakhmabai Bhosale against the complainant herein and 3 other persons, who are cited as witnesses in CR No.64/2009. Perusal of the complaint, on which CR No.64/2009 came to be registered, also took place at 11.00 a.m. There is an allegation in the complaint against the applicants that when the complainant alongwith his associates visited the residence of the accused, as they came there to collect their daughter in law, which was refused on the ground of demand of some money at the hands of these applicants, hence scuffle took place. As against this, the complaint in CR No.61/2009 discloses 3 that the complainant party has approached the applicants demanding Rs.10,000/- which the applicants have borrowed on earlier occasion at the time of delivery of their daughter, which they unable to repay, and hence quarrel took place between the two parties. It is tried to urge that taking advantage of free fight between these two groups, wherein deceased got injured and later on succumbed to death by name Kalindar Chavan which require consideration. Now the fact remains, considering these strained relations between these two groups, who are cited as witnesses against each other, there is no possibility that they will tamper the witnesses of other side and if it is so, and the investigation is over, it is not desirable to detain the applicants for uncertain period, but they can be enlarged on bail by putting certain conditions. O R D E R 1. Application is allowed. 2. The applicants be released on bail on furnishing surety in the sum of Rs.20,000/- each and on executing PR bond in the like amount. 3. After released on bail, the applicants are prohibited to enter in village Kolgaon, Tal.Shrigonda, Dist.Ahmednagar till the trial against applicants and others will finally disposed of. 4. Applicants not to contact with the witnesses of prosecution. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.4542-09