Cri. Apln. Nos. 2192 &2206/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2192 OF 2011 1. Sharad s/o. Shamsundar Pawale, R/o. Gonar, Tq. Kandhar, Dist. Nanded. 2. Gajanan s/o. Venkati Shinde, R/o. Khairka, Tq. Mukhed, Dist. Nanded. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. H.I. Pathan, Advocate for applicants. Mr. B.J. Sonawane, APP for State/respondent. AND CRIMINAL APPLICATION NO. 2206 OF 2011 Vikram s/o. Pandurang Pawale, R/o. Gonan, Tq. Kandhar, Dist. Nanded. ....Applicant. Versus The State of Maharashtra & Ors. ....Respondent. Mr. A.B. Gaikwad h/f. Mr. V.B. Dhage, Advocate for applicant. Mr. B.J. Sonawane, APP for State/respondent. Mr. H.I. Pathan, Advocate for respondent Nos. 2 & 3. CORAM : T. V. NALAWADE, J. DATED : 21st June, 2011. PER COURT : 1. The first application is filed for bail in Cr. No. 1/2011 registered in Cri. Apln. Nos. 2192 &2206/2011 2 Mukhed Police Station, District Nanded for offences punishable under sections 302, 504, 506, 34 etc. of the Indian Penal Code. 2. The second application is filed by the relative of the deceased for seeking permission to assist APP. The said application is allowed and Advocate Shri. A.B. Gaikwad holding for Shri. V. B. Dhage, appointed for original complainant, is allowed to assist the APP. 3. Papers of investigation were made available by APP. Both the sides are heard. 4. The crime is registered on the basis of report given by Ananda Ganpati Pawale on 1.1.2011. The report was recorded in the hospital. He has made allegations that there is dispute between his family and family of Shyamsundar Pawale on agricultural land. He has made allegations that the cattles of Shamsundar were causing damage to the standing crop and so quarrel had taken place on 31.12.2010. The incident in question took place on 1.11.2011. Allegations are made that on that day when the deceased was present at Lokhande Chowk, Murke, from there persons like Shamsundar Pawale and Madhavrao Pawale took him on their motorcycle forceably towards Belli village. He has made allegations that at some distance from Belli village, the motorcycle was stopped and there the deceased was assaulted by Shamsundar with a sharp weapon Cri. Apln. Nos. 2192 &2206/2011 3 like Gupti on his hands and legs. He has made allegations that Madhavrao assaulted him by using stick on his legs and also on the head. Allegations are made that applicant No. 1 Sharad hit stone on his head. Ananda succumbed to injuries. 5. The PM report shows that 16 injuries were found on the dead body. There was fracture of bones of both legs. There was fracture of bones on hands. There was incised wound over left parital bone. The death took place due to brain hemorrhage due to head injury. Allegations against applicant No. 1 are that he used stone. The advocate for the applicant submitted that if this Court is not inclined to grant bail to applicant No. 1, he is not pressing the application in respect of applicant No. 1. 6. It was submitted for applicant No. 2 that his name is not mentioned in the FIR and no injuries are specifically attributed to him by the deceased. The APP pointed out the statements of two witnesses like Bhaskar Raghunath Bhosle and Ganpati Kamble, who had seen applicant No. 2 on the spot. He also pointed out the statement of Hanumant, brother of the applicant No. 2. The prosecution wants to prove that after the incident, there was extra judicial confession from the applicant No. 2. On the basis of this material, it was submitted for the State that there is sufficient material against the applicant No. 2 also. Cri. Apln. Nos. 2192 &2206/2011 4 7. If the FIR is considered, it can be said that the name of applicant No. 2 is not mentioned by the deceased to police and he had attributed part played by three persons in the assault against him. Though there is some record like statement of witness showing presence of applicant No. 2 on the spot, in view of the absence of the name of the applicant No. 2 in the FIR and in view of the fact that the statements of the witnesses were recorded two days after the incident this Court is of the view that bail can be granted to applicant No. 2, who is aged about 22 years. 8. As the application of applicant No. 1 is not pressed, the same is disposed of as not pressed. 9. The application of applicant No. 2 Gajanan s/o. Venkati Shinde is allowed. He is to be released on furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). Applicant No. 2 is not to enter the villages Belli, Gonar and village Rautkheda till the disposal of the case. He is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2192.11