1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3726 /2009 [Subhash s/o natthu Jadhao and another vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R S Kakan Adv. for applicant Mr A S Fulzele APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 1, 2010. Heard learned counsel for respective parties, at length. Perused the papers. 2. By means of this application, the applicants prays for grant of bail in respect of Crime No.65/2009 reported at Pusad (Rural) Police Station Tq. Pusad Dist. Yavatmal, registered under sections 143, 147, 148, 149 read with section 302 IPC ; as also u/ss. 3 (2) (v) , 3(1) (xii) and 3 (1)(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities ) Act, 1989. Learned Advocate for the applicants submitted that the applicants are innocent ; whereas some of the co-accused have been granted benefit of bail. According to him, there are some inconsistencies in the material collected during the course of investigation of which, the applicants may claim benefit in respect of alleged murder of Chhaya. 3. Per contra, learned APP vociferously contended that the accusations are of very serious nature and statements of material witnesses, namely, Dilip 2 Vasant Chavan and Vibhishan Vasant Chavan (injured witnesses) were recorded and they have attributed an active role to the applicant no.1 -Subhash Natthu Jadhao on the ground that he had developed illicit relations with deceased Chhaya and had an evil eye on her. According to witness-Vibhishan, his wife Chhaya was found in a compromising and naked position with each other. Annoyed to the hilt, he had beaten Subhash Jadhav with blows so also by means of stick. Subhash ran away while his wife Chhaya returned to the house. After some time, Subhash Natthu Jadhao came along with his relations Ravi Nathhu, Sanjay Natthu Keshav etc. armed with sticks, axe and launched an attack. The applicant Subhash is alleged to have given stick blow. He along with Ravi Natthu Jadhav gave stick blows to Vibhishan as well as his wife. Vibhishan had received head injury; his wife too received injuries. The father of Vibhishan namely, Vasanta Chavan, was also assaulted as he came later on running to save the witnesses. It is further alleged that in the incident Chhaya had received fatal injuries and died. A quick dekko (look) at the post- mortem notes (column No.17 thereof) would reveal a total of 11 injuries ; while opinion as to the probable cause of death was given as “death due to multiple contused injuries over lumber and spinal cord regions”. The viscera was preserved for chemical analysis. At least against the applicant no.1 there is material which indicate his prima facie direct involvement; whereas as 3 against the applicant no.2, it is alleged that he was a member of the unlawful assembly and was seen assaulting by means of stick to witness Vasanta. According to learned APP, report from Chemical Analyser is still awaited. Under these circumstances, considering the fact that serious accusations punishable with life imprisonment or death as against the applicant no.1, are leveled, I am not inclined to release him on bail,more so when there is likelihood of tampering with the prosecution evidence as also possibility of similar offence being repeated. However, considering the limited role attributed to the applicant no.2, I am inclined to release him on conditional bail. Hence the following order is passed : Application as against applicant no.1 Subhash Natthu Jadhao is rejected. The applicant no.2-Anil Natthu Jadhao be released on bail upon executing a PR bond in the sum of Rs. 30,000/- with at least two sureties in the equal amount, provided further that he shall attend the trial Court on each date of hearing. He shall not tamper with the evidence in any manner and shall not shall not commit any crime while on bail. Application stands disposed of accordingly. JUDGE sahare