*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2131/2009 WITH CRIMINAL APPLICATION NO.2559/2009 Raju @ Rajendra Sidharam Jadhav. ..Applicant (in Cr.Appln.2131/09) Vishal Rajendra Jadhav and others. ..Applicants (in Cr.Appln.2559/09) -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.J.D.Mane, Advocate for the Applicants. J.P.Yagnik, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 05th August, 2009. PC:- 1 This is a common order passed in both the Criminal Applications Nos.2131/2009 and 2559/2009. 2 These bail applications are filed by the Applicants under Section 439 of the Code of Criminal Procedure in Crime No. 06/2009 of Salgar Vasti Police Station for the offences punishable under Sections 302, 307, 323, 504, 147, 149, r/w 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act. 3 After hearing these applications at length, the learned counsel for the Applicants made a statement that Criminal Application No.2559/2009 is not pressed so far as it relates to the *2* Applicants Nos.1 and 2 by name Vishal Rajendra Jadhav and Vinayak Rajendra Jadhav. Hence, Criminal Application No. 2559/2009 for grant of bail to Vishal and Vinayak stands rejected as not pressed. 4 Perusal of the First Information Report reveals that on 27.01.2009 at about 8:30 pm when the Complainant had proceeded to answer call of nature and was near Dhondiba Vasti near the lamp of Sodium-vapor, Vishal Rajendra Jadhav and Vinayak Rajendra Jadhav along with juvenile offender by name Yogiraj Jadhav arrived at the spot on Bullet Motorcycle and gave dash to the Complainant. Vishal was driving the bike. On being questioned as to why the accused dashed the Complainant, there were altercations and three of them started assaulting the Complainant by fists and blows. Seeing that incident, Manoj Dnyneshwar Gaikwad (deceased) who happens to be uncle of the Complainant and his aunt Renuka along with Rajesh Gaikwad and Sachin Gaikwad rushed to the spot with a view to extend help to the Complainant. At that time, Vishal Jadhav hit Manoj Gaikwad with an iron rod on his head and Vinayak Jadhav hit Manoj on his head by pipe. On account of those blows, the blood started oozing and Manoj Gaikwad fell down and succumbed to the injuries. It is only after the said assaults by three accused viz. Vishal, Vinayak and Yogiraj, other accused persons who are the Applicants in these applications arrived at the spot of offence. It is stated in the complaint that, thereafter, Raju Jadhav, Vinod Raju Jadhav, Vivekanand Nagnath Jadhav, Baban Gaikwad, Pankaj Baban Gaikwad, Pawan Vishnu Gaikwad and Yogiraj @ Rugiraj Nagnath Jadhav arrived at the scene of offence and started *3* abusing and assaulting the Complainant and his relatives. It is alleged that the present Applicants have caused the injuries by pelting stones. Renuka Gaikwad has been hit on her head by sword by Vinod. Some of the Applicants are stated to have assaulted the Complainant and his relatives by fist and kick blows. Yogiraj and Rajendra are stated to have used the sticks. 5 Perused the papers. The role attributed to Vishal and Vinayak clearly reveals that prima facie they are ones who are responsible for causing the death of Manoj Gaikwad. The other Applicants have arrived at the scene of offence only after the major initial assaults by Vishal, Vinayak and Yogiraj was over. 6 According to the learned counsel for the Applicants, all the accused are members of the same family and on account of their prolonged custody for more than six months other family members are suffering. No bread earner is free to support the family. It is, thus, submitted that on account of enmity all the family members are roped in. It is also submitted that barring Vishal and Vinayak, other accused should be released on bail. 7 Per contra, the learned A.P.P. has submitted that the families of the accused and the Complainant reside nearby and thus, if the Applicants are released on bail there is every possibility and likelihood of commission of further offence while the Applicants would be on bail. It is then submitted that in the event if the Applicants are released on bail, strict conditions be imposed and the Applicants be not permitted to enter Solapur city, so that neither the witnesses are pressurized nor any chance is provided for commission of further offence. *4* 8 I am of the prima facie view that the present Applicants viz. the sole Applicant in Criminal Application No.2131/2009 and the Applicants Nos.3, 4, 5 and 6 in Criminal Application No. 2559/2009 are not responsible for commission of the offence under Section 302 of the Indian Penal Code. In my view it is a fit case to grant bail to the above referred Applicants. Hence, I pass the following order:- (i) Criminal Application No.2131/2009 is allowed. (ii) Criminal Application No.2559/2009 is partly allowed. The application moved by the Applicants Nos.1 and 2 is dismissed as not pressed. (iii) The Applicant in Criminal Application No.2131/2009 by name Raju @ Rajendra Sidharam Jadhav and the Applicants Nos.3, 4, 5 and 6 by names Vivekanand Nagnath Jadhav, Vinod Rajendra Jadhav, Vishnu @ Baban Bajarang Gaikwad and Pavan Vishnu @ Baban Gaikwad in Criminal Application No.2559/2009 shall be released on bail on execution of a personal bond in a sum of Rs. 25,000/- each with one or two sureties in the like amount. The above referred Applicants shall not enter Solapur city till the conclusion of trial except for attending the Court case in the present offence on those dates. The Applicants shall inform their new address to Salgar Vasti Police Station, Solapur within a period of seven days from their release on bail and shall attend the nearest Police Station, with intimation to Salgar Vasti Police Station, once a week i.e. on every Saturday in between 4:00 to 7:00 pm. (A.P. Deshpande, J)