1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR BA NO. 294 OF 2011 ( Arvind Bhaurao Ramteke & Ano. Vs. State of Maharashtra PSO PS Gondia) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. Borkar Adv for applicant. Shri S. M. Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 27th JUNE, 2011. . Perused the order passed by Additional Sessions Judge Gondia below Ex. 29 in Sessions Trial No. 94 of 2011. Postmortem of the dead body was carried after 6 days of the death and after the body was exhumed from the grave yard. Two contusions were seen over the abdomen. The complainant-widow of the deceased who is witness to the incident kept mum over a period of 5 to 6 days. Even if it is assumed that she was reeling under threats of the accused persons, fact remains that many relations of the deceased and the complainant had gathered for the funeral of 2 the deceased. Admittedly, those persons were not threatened by the accused persons. Thus even if the incident of beating is admitted, primafacie, it does not show that the deceased died due to such beating. Silence on the part of the complainant and other relations is relevant factor in favour of granting bail. Therefore, in my view this is a fit case to grant bail. Applicants are directed to be released on bail on their executing PR bond in the sum of Rs. 50,000/- each with two sureties each in the like amount, with condition that they should not enter the village Batana Tah. & District Gondia till the trial of the case is over. They shall inform the concerned police station about the place where they would be staying. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.