1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1538 OF 2010 Sanjay Dhanraj Pawar, Age-22 years, Occu-Driver, R/o.Narangwadi, Tq.Omerga, Dist. Osmanabad APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.1539 OF 2010 Premnath Mahada Pawar, Age-52 years, Occu-Agriculturist, R/o.Narangwadi, Tq.Omerga, Dist. Osmanabad APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.V.D.Sapkal, learned counsel for applicants in both applications. Mr.S.G.Nandedkar, learned APP for State in both applications. CORAM : A.V.POTDAR, J. DATE : 15/06/2010 PER COURT : 1. By the present applications, both these applicants have prayed for their release on bail in connection with CR No.194/2009, 2 registered in Omerga Police Station, in which these applicants came to be arrested on 27/12/2009 and after investigation is over, charge sheet was filed and now the case is committed to the Court of Sessions. 2. Heard learned counsel for applicants and learned APP for State. Perused the papers of investigation which is already over. 3. It appears that the said complaint came to be lodged on the complaint of one Phulchand Gade, in whose field, the alleged incident occurred in the morning of 23/12/2009. It appears that there is civil dispute between the complainant's party and party of these applicants. The incident occurred in the broad day light, around 9.00 a.m. to 9.30 a.m., when the complainant party were in their field, these applicants alongwith 12-13 other persons, came in the said field and started to cut the standing crop. These acts were opposed by the complainant and others. It appears that the applicant’s party have come with a full preparation as the ladies were carrying chilly powder with them while male members in the party were armed with iron rod and sticks. During the fight, one Ganesh succumbed to death due to injuries. It appears that in the complaint, no specific role is attributed towards the applicant in Cri.Appl.1538/2010. It appears that after the incident occurred at about 9.00 to 9.30 a.m. it was immediately reported to the police station. Within meantime, all the injured 4-5 persons, and the deceased were shifted to the hospital. It appears that during the 3 investigation, supplementary statement of the complainant was recorded on 24/12/2009. In the said statement, the role played by the applicant in Cri.Appl.No.1539/2010 was specifically demonstrated not only by the complainant but also by 4-5 eye witnesses, as he hit on the head of deceased Ganesh with iron rod in his hand. At the same time, the allegations against the applicant in Cri.Appl.1538/2010 Sanjay Pawar, who was having stick in his hand, has assaulted the deceased and others during the said scuffle. 4. In the light of these statements recorded, it is necessary to consider the post mortem report, which speaks about the injuries sustained by deceased Ganesh. In coloumn no.19(i) and (ii), the internal injuries which is noticed during the autopsy conducted of the dead body of Ganesh, which speaks that there was multiple fracture and there were also injuries on the skull of the deceased, which shows that there was no single blow on the head of the deceased, but repeated blows were given on the head of deceased Ganesh which resulted in causing multiple fracture to the skull. In the premise, so far as the application of applicant Premanth is concerned, it can not be considered for bail. 5. So far as role of applicant Sanjay in Cri.Appl.No.1538/2010 is concerned, considering the allegations in the supplementary statement of the complainant, as well as the other eye witnesses, it do not directly connect Sanjay with the death of deceased Ganesh. In the premise, so far as applicant Sanjay is concerned, a case is 4 made out to enlarge him on bail. Learned Sessions Judge, before whom the trial is pending, not to influence with these observations, as these are the prima facie observations based on the papers of investigation. Hence order : O R D E R 1. Cri.Appl.No.1539/2010 is hereby rejected. 2. Cri.Appl.No.1538/2010 is allowed. 3. Applicant Sanjay Pawar be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 4. After released on bail, this applicant not to contact with the prosecution witnesses. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1538-10