1 criapln3215-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3215 OF 2011 1] Ranjeet S/o Sonji Vasave 2] Vajarya s/o Singa Vasave .. APPLICANTS Vs 1] The State of Maha. ...RESPONDENT ... Shri R.S.Shinde h/f Shri A.G.Magare, Adv.for applicants. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 05/08/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.26/2011 registered in Akkalkuwa Police station, Nandurbar for offences punishable under Sections 302, 201, 34 of I.P.C. Papers of investigation were made available. Heard both sides. 2] The crime is registered on the basis of report given by elder brother of deceased. Applicant no.1 is also a brother of the complainant. In the report, allegations are made by Rajkumar that there was one incident of quarrel between deceased and applicant no. 1 on 20/3/11 as deceased had given Rs.1000/- by way of hand loan to 2 criapln3215-11 the applicant no.1. In the incident, deceased had given beating to applicant no.1 but the dispute was settled in the village. On 22/3/11, deceased left home with applicant no.2 for work as Watchman on a dam. Deceased was not seen alive by members of family of deceased after that. They had left in the evening. One Shidya also worked as Watchman on the same dam and he had seen that the deceased and applicant no.2 when they were leaving together after doing duty at the dam at about 11 p.m. This was last time when somebody had seen Pratap alive. Dead body of Pratap was found in water of dam on 25/3/11 and it was found tied in fishing net. Dead body was naked. Post mortem report shows that there were injuries like fracture of right foot, depressed fracture of right and left parietal bone with frontal bone. There were ante-mortem injuries and they had caused injury to brain. Death took place due to head injury with intracranial hemorrhage. Papers of investigation show that there is sufficient material to make out prima facie case that Pratap was murdered and then dead body was thrown in the dam. 3] Advocate of the applicant no.2 submitted that he is not pressing the application in respect of applicant no.2 There is evidence against applicant no.1 in the form of only motive as the complainant and other relatives have given statements that there was quarrel on 20/3/11 between the deceased and applicant no.1. In the police papers, no other piece of evidence can be found. In these circumstances, this 3 criapln3215-11 Court holds that bail can be granted to applicant no.1 so application of applicant no.2 stands disposed of as not pressed. Application of applicant no.1 is allowed. 4] Applicant no.1 is to be released on bail in Crime No.26/2011 registered in Akkalkuwa Police station, Nandurbar for offences punishable under Sections 302, 201, 34 of I.P.C. on his furnishing PR and SB of Rs.15,000/-. He is not to tamper with prosecution witnesses and he is not to enter village Chote Udaipur, Tq. Akkalkuwa, Dist.Nandurbar till disposal of the case which will be filed against the applicant. [T.V.NALAWADE,J.] umg/criapln3215-11