(1) CRI. APLN. 4940.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4940 OF 2010 Shaikh Jahir S/o Shaikh Khadir, Age: 22 years, Occu.:Labour, R/o. Gandhanpura, Majalgaon, Dist. Beed Applicant VERSUS The State of Maharashtra Respondent WITH CRIMINAL APPLICATION NO.4963 OF 2010 Imtiyaz Khan S/o Inayat Kha Pathan, Age : 21 years, Occu.: Driver, R/o Gandhanpura, Majalgaon, Tq. Majalgaon, Dist. Beed Applicant VERSUS The State of Maharashtra Respondent ..... Mrs. Sadhana Jadhav, Advocate for the Applicant (In Criminal Application no. 4940.2010) Mr. S.J. Salunke, Advocate for the Applicant (In Criminal Application no. 4963.2010) Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 14TH DECEMBER, 2010 ORAL ORDER:- 1. These are Applications for bail. 2. Both the applicants are youngsters and allegedly assaulted deceased Abdul Rauf Abdul Raheman (2) CRI. APLN. 4940.2010+1 in the night of 26.7.2010. The FIR purports to show that the reason for assault was not revealed. It appears that the applicants did not use any weapon during the course of alleged assault. It is stated that they assaulted Abdul Rauf Abdul Rehman by means of kicks and fist blows. 3. The Police statement of the sister of the deceased, namely, Rizwana, prima facie shows that after returning home victim Abdul Rauf was holding his hands on the abdomen and was complaining of pain. There was no physical injury found on his person. 4. Perusal of the investigation papers prima facie show that the cause of the death is not clearly located though the post-mortem was conducted without loss of time. It prima facie appears that the deceased Abdul Rauf died as a result of internal hemorrhagic shock. 5. Considering the fact that the applicants were not armed with any weapon, the motive of the assault is not clear and the cause of the death is also yet to be ascertained, both the applicants are (3) CRI. APLN. 4940.2010+1 entitled to seek liberty on certain terms. 6. In the result, both the Applications are allowed. The applicants are directed to be released on bail on furnishing of bail bonds in the sum of Rs.20,000/- (Rs.Twenty Thousand) each alongwith a solvent surety bond each in the like sum, to the satisfaction of the Sessions Court, Majalgaon and on further condition that they shall not enter Majalgaon town during the period of investigation and during the period of Sessions trial, except and save on the scheduled dates of effective hearing of the Sessions case as may be filed against them. They shall report their presence to the P.S.O. at Dindrud Police Station on each Sunday between 10.00 am. to 2.00 pm. and shall not leave jurisdiction of Majalgaon without permission of the Sessions Court. Sd/- [V. R. KINGAONKAR, J.] arp