1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (ABA) NO. 417/2011 Ramu @ Rameshwar Nilkanth Karete & anr. ..vs.. State of Maharashtra. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. N. Motghare, Advocate for applicants. Mr. M. J. Khan, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : DECEMBER 7, 2011. 1. Heard learned counsel for the parties. 2. This is an application under Section 438 of the Code of Criminal Procedure for releasing the applicants on bail against whom Crime No.58/2011 is registered with Police Station, Armori, for an offence punishable under Sections 302, 149, 143, 144, 147, 148, 504 and 506 of the Indian Penal Code. 3. The incident occurred on 11.11.2011 at 6.00 p.m. Deceased Janardhan Patruji Kaware, aged about 50 years was beaten to death by accused persons. The accused persons suspected that he was playing witchcraft and because of that Gajanan-son of accused Manjulabai Meshram was keeping ill. 4. On 11.11.2011 at about 6.00 p.m., the accused persons; Manjulabai, her nephew Moreshwar Hariji Meshram and 2 her son-in-law Kalidas Mukhru Kamble went to the house of deceased and assaulted him and carried him towards their house. After reaching near the house of one Sonuji Meshram, all the three accused persons assaulted the deceased with kicks and fists and also with sticks. In the First Information Report lodged by wife of the deceased, role of beating by fists and kicks as well as by sticks is attributed to these three accused. 5. After the offence was registered, statements were recorded and in that, name of the present applicant was surfaced. As regards applicant no.1-Ramu @ Rameshwar, it is fairly stated by the learned A.P.P. that there is no evidence against him. 6. As regards Sangeeta @ Chandrakala, she is daughter- in-law of the accused Manjulabai. In the statements of witnesses, names of other family members including the applicant-Sangeeta @ Chandrakala is surfaced. These witnesses made a general statement that she also joined those three main accused persons in assaulting the deceased. However, there is no evidence to show that Chandrakala @ Sangeeta was armed with any sticks or weapons. She has a sucking child of two months. 7. Considering the state of evidence appearing against both the applicants, the application is allowed. 3 In the event of arrest of the applicants in Crime No. 58/2011 registered with Police Station, Armori for an offence punishable under Sections 302, 143, 144, 144, 147, 148, 149, 504, 506 of the Indian Penal Code, they be released on their furnishing PR Bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) each with one surety each in the like amount. The applicants shall attend Police Station, Armori as and when required by the Investigating Officer. JUDGE kahale