1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (B.A.) NO. 360 OF 2011. Shekh Najeem Shekh Abdul and another. .Vrs. State of Maharashtra thr, PSO P.S. Sakharkheda Raja. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ( Mr. V. A. Bramhe, Advocate for applicants. Mr. N. R. Rode, A.P.P. for the State) CORAM : M. N. GILANI, J. DATED : 03.08.2011. This is an application under Section 439 of the Criminal Procedure Code for releasing the applicants on bail, against whom the Sessions Trial No.119 of 2010 is pending before the Sessions Court at Buldhana, for the offences punishable under Sections 302, 323, 504, 506 read with Section 34 of the Indian Penal Code. 2. Both the applicants and the deceased are brothers. Few days prior to the incident their father died. On 23/06/2010 to observe 40th day all the 2 family members had gathered at village Sindkhed Raja. At about 10.30 pm. all the guest, who had assembled, left the place and only close relations stayed back. The deceased then raised a question of his share in the landed properties left by their father. This was not liked by Shekh Altaf, Shekh Najeem and Shekh Naseer. Shekh Najeem and Shekh Naseer are the applicant Nos. 1 and 2 herein. Shekh Najeem and Shekh Naseer then picked up a fire wood and started hitting it on the head of the deceased. Thereafter Shekh Altaf (who is released on bail by this Court), hit the deceased by kick and fist blows. Immediately, the deceased succumbed to the injuries sustained by him. The post mortem examination report discloses the cause of death as due to head injury. The learned Sessions Judge by order dated 16/10/2010 rejected the bail application. 3. Considering the evidence on record, it seems that the wife of the deceased is an eye witness to the incident. The act of hitting the deceased with fire wood (wooden log) has been categorically attributed to both the applicants. In that light of the matter, the applicants cannot be 3 released on bail. 4. The ground of parity is also not available to the applicants. Deceased died due to injury caused by wooden logs which were in the hands of the present applicants. Considering gravity and nature of accusation, release of the applicants on bail cannot be justified. 5. Application is rejected. JUDGE Deshmukh.