( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3619 OF 2010 1. Haribhau Gopalrao Vaidya, R/o Darephal, Tal. Basmat, District Hingoli. 2. Narayan Haribhau Vaidya, R/o as above. 3. Ram Narayan Vaidya, R/o as above. APPLICANTS VERSUS The State of Maharashtra, through Police Station Officer, Hatta Police Station, Taluka Basmat, District Hingoli RESPONDENT .... Mr. Satyajit S. Bora, advocate for the applicants. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd November, 2010] PER COURT : 1. This is an application for bail. 2. The applicants are arrested for commission of alleged offence punishable under section 307 read with section 34 of the I.P. Code. ( 2 ) 3. The application to the extent of applicant No. 3, namely, Ram Narayan Vaidya, is sought to be withdrawn by the learned advocate for the applicants and as such, it stands dismissed as withdrawn. 4. The prosecution alleges that on 23rd March, 2010, the applicants No. 1 and 2 went to the courtyard of injured informant Vithal alongwith applicant No. 3 Ram. Both the applicants No. 1 and 2 held him firmly whereas applicant No. 3 Ram assaulted the injured informant by means of a katti on the hands and the neck. 5. Having heard learned advocate for the applicants and learned APP and on perusal of the investigation papers, it prima facie appears that the dispute did occur on account of use of an open place situated in front of the house of the injured informant - Vithal. The applicant No. 1 is father of the applicant No. 2 and injured PW Vithal. The applicant No. 3 Ram is the son of the applicant No. 2 and nephew of injured informant - Vithal. The incident is said to be the sequel of dispute between the brothers in respect of partition of the agricultural land and the house property. It appears that attempt of the injured - Vithal to clean the open space and ( 3 ) bring it into use was probably taken as an affront on his part, or to grab that open space. The incident occurred in the night-time at about 2 a.m. It prima facie clear, no doubt, that all the applicants together went to the courtyard of the injured complainant with a view to teach him a lesson. 6. The medical report of the J.J. Medical Hospital prima facie shows that injured informant - Vithal sustained grievous injury and is disabled to the extent of 100%, but the disability is of temporary nature. 7. Though it prima facie appears that injured - Vithal was assaulted by means of katti by the applicant No. 3 Ram at the odd hours of the night, it is difficult to attribute common intention to the applicants to do away with life of injured Vithal. The attempt to cause his death could be in the excess of the common intention of the applicants and the assailant i.e. said Ram. The chargesheet is already filed after due investigation. Nothing is to be recovered from the applicants No. 1 and 2. Their detention is not required for any effective or fair trial as such. The applicant No. 1 Haribhau is old-aged father of the injured and the applicant No. 2. In this view of the matter, the applicants No. 1 and 2 deserve bail on certain terms. ( 4 ) 8. In the result, the application is partly allowed to the extent of applicants No. 1 and 2, namely, Haribhau and Narayan and they are directed to be released on bail on furnishing of P.B. and S.B. in sum of Rs. 25,000/- (rupees twenty five thousand) each, to the satisfaction of the Court of Sessions and on condition that they shall not enter village Darephal (Taluka Basmat) till completion of the sessions trial and such an undertaking shall be furnished by them simultaneously alongwith furnishing of the bail bonds in the Court of Sessions. The application of applicant No.3 Ram is, however, dismissed as withdrawn. [V.R. KINGAONKAR] JUDGE NPJ/criapln3619-2010