1 Cri.A.2310.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2310 OF 2011 Bhanginath Raising Jondhale R/o Chindan Zira, Taluka and District Jalna. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri. A.N.Kakade,Advocate for Applicant. Shri.B,J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 7TH JULY, 2011. PER COURT : 1. This application is filed for bail, in Crime No. 43 of 2011, registered with Jalna Police Station, Tq. and District Jalna, for the offence punishable under sections 302 read with section 34 of the Indian Penal Code. 2. Papers of investigation were made available by the learned APP. Both sides are heard. 3. The crime is registered on the basis of report given by Police 2 Cri.A.2310.11 Officer. Dead body of deceased Fulchand Gangaram Nagne was found in the Court yard of his house. There were bleeding injuries on dead body. When enquiry was made with wife and other relatives on 05.02.2011, they did not supply any information and so report was required to be given by Police Officer. 4. Papers of investigation show that subsequently statements of widow and other relatives came to be recorded. There is allegation against the present applicant that he and minor son of the deceased assaulted deceased and due to that beating Fulchand died. P.M. report shows that (11) injuries were found on the dead body of the deceased and out of them three injuries were incised wound over head. Injuries had caused damage to internal vital organs including spleen , left lungs etc., and cause of death is due to shock due to injury to vital organs like spleen, left lungs and left subdural haematoma of brain. There is statement of Rafiq, who witnessed the incident. It was submitted for the applicant that deceased Fulchand was heavy drinker and after drinking liquor he used to harass wife and other members of the family. On that day also when deceased started beating to the minor son, applicant was called there and as deceased was out of control, some steps were taken, but unfortunately Fulchand died. It was submitted that any condition may be imposed on the applicant and in view 3 Cri.A.2310.11 of the motive as alleged in statements, bail can be granted to the applicant. 5. Papers show that initially eye witnesses avoided to give information to the Police. As present applicant is real brother of the widow of deceased, there is clear possibility of tampering prosecution witnesses. This material is sufficient to make out prima facie case for the offence punishable under section 302 read with section 34 of the Indian penal Code, and this Court holds that it is not fit case to grant bail. So, application stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK