1 CRI.APP.NO. 1870//2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1870 OF 2009. 1. Narayn S/o Muktaram Patil. 2. Asaram s/o Muktaram Patil. ...Applicants. Versus The State of Maharashtra ...Respondent. . .... Mr.R.M.Deshmukh, Advocate for the applicants. Mr.N.H.Borade, APP for the respondent. .... CORAM: A.V.NIRGUDE, J. DATE : 13th July, 2009. COURT’S ORDER: 1. The applicants are seeking bail in Crime No. 06/2009, registered at Maujpuri Police Station, Dist.Jalna, dated 18th January, 2009, for the offence punishable under Section 302 r/w 34 of the Indian Penal 2 CRI.APP.NO. 1870//2009. Code. 2. The applicants and two others are accused of committing murder of one Sahebrao. The incident took place on 18th January, 2009 at about 09.00 a.m. at public place of village Bhatepuri in presence of number of witnesses. The applicants and other accused had grievance against the deceased because had made complaint against them earlier. Because of his complaint, a police case was registered against the applicant No.1. The witnesses say that while the deceased was waiting for his turn to get shave from the prosecution witness, a barber, the applicants and two others rushed towards him catching him unaware. Amongst the assailants, only the applicant No.1 had a sharp edged weapon in his hand. He stabbed the deceased on his chest and these injuries caused the death of the deceased. The applicant No.2 and other accused used fist and kicks during the assault. It is alleged that the applicant No.2 and other accused Seeta caught hold of the hands of the deceased to facilitate stabbing by the applicant No.1. 3. None the less, I am inclined to release the applicant No.2-Asaram on bail mainly because he did not use any weapon in the incident. Applicant No.1- Narayan can not get bail because there is direct evidence against him about authorship of the fetal 3 CRI.APP.NO. 1870//2009. injuries. The application is partly allowed. i) The applicant No.2-Asaram s/o Muktaram Patil, is released on bail of Rs15,000/- (Rs.Fifteen Thousand only), with one surety in the like amount. (A.V.NIRGUDE, J.) lkp