{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1803 OF 2010 1. Sunil Sopal Salunke Age-35 years, Occ-Agri 2. Raju Sopan Salunke Age-32 years, Occ-Agri Both R/o Kolewadi, Tq-Rahuri Dist-Ahmednagar APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. Joydeep Chatterjee, Advocate for the applicants Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th June 2010 PER COURT: 1. By the present criminal application, the applicants, who are arrayed as accused in CR No.21/2010 registered with Rahuri police station for an offence punishable u/s 302 r/w 34 of the Indian Penal Code, have prayed to release them on bail, as their bail application is rejected by the Sessions Court {2} Ahmednagar. The present application is moved by the applicants after completion of the investigation and filing of the charge sheet in the Court of 1st JMFC, Rahuri on 15th March 2010 and the case is later on committed to the Court of Sessions, Ahmednagar. 2. Heard learned counsel for the applicants followed by learned APP and perused the papers of investigation. 3. It appears that the present offence occurred on 14th January 2010 at about 7 p.m. It is alleged that the present applicants have assaulted the deceased Nivrutti Kamble on the count that cow of the applicants had entered into the field cultivated by the deceased and damaged the crop. It is further alleged that when the deceased had asked explanation a quarrel took place and the applicants assaulted the deceased. The alleged incident of assault was witnessed by son and wife of deceased Nivrutti. Later on, as the deceased was not in a position to afford the medical expenses, the applicants provided medical treatment to him through Dr.Kakade. It appears that due to the said assault, the physical condition of the deceased was deteriorated and he expired on 17th January 2010 at about 5 p.m. Thereafter, on 18th January 2010 the complaint came to be lodged by the brother of the deceased against the present applicants. Autopsy was conducted on the dead body of the deceased. The report shows that the deceased had sustained four external injuries, however there is no reference of any internal injury on the vital organ of the {3} deceased. The injuries which are noticed on the body of the deceased were on legs, arms and forehead. However the injuries were not in the nature of fracture to the skull. 4. Learned counsel for the applicants has drawn my attention towards the injuries found on the person of the deceased and urged that considering the part of the body where the injuries are found it is clear that there are no injuries on the vital parts of the deceased. It is also urged that the alleged incident has occurred in the evening of 14 th January 2010 whereas the deceased expired in the evening of 17 th January 2010 and hence it is clear that the death is not an instantaneous. It is contended by the learned counsel for the applicant that at the most it can be inferred that the deceased was assaulted by the applicants without any intention to cause death. Hence it is prayed that as now the investigation is over and charge sheet has been filed there is no question of applicants’ interfering with the investigation and hence the applicants be released on bail. Learned counsel for the applicants has also asserted that the applicants will reside at Sangamer, outside Rahuri Taluka during the penency of the trial. 5. The application is opposed by the learned APP on the ground that the offence is of serious nature. 6. Considering the rival submissions and the injuries found on the person of the deceased, it is clear that there are no {4} injuries on the vital parts of the deceased and the death is not caused instantaneously. The incident took place on the count of a trivial matter in a field, which provoked both the sides and resulted into assault on the deceased. In the premise, at least at this stage, it does not appear that the assault was intentional or premeditated to cause the death of the deceased. Therefore, case is made out to enlarge the applicants on bail, however by imposing certain conditions. 7. In the result, the application is allowed. Both the applicants be released on bail in connection with CR No.21/2010 registered with Rahuri police station, Dist-Ahmednagar on their furnishing solvent sureties in the sum of Rs.20,000/- each and on executing PR bond in the like amount. The applicants are directed not to enter village Kolewadi, Tq-Rahuri, Dist-Ahmednagar till final disposal of the trial and to furnish their addresses of residence during the pendency of trail to the IO concerned. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1803-10