1 Criminal Application No.1906/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1906 OF 2011 Raju s/o Baburao Poul ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Gajanan Kadam, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 6th May, 2011 PER COURT : 1. Heard. On circulation note, notice was served to the learned A.P.P., pursuant thereto, he has received the investigation papers, waives service, ready to argue. Heard finally. 2. Learned A.P.P. submits that earlier Application No. 606/2011 was rejected on 22.2.2011 and nothing to demonstrate to review the situation. 3. The accused/ applicant, allegedly armed with an axe, assaulted the complainant Kisanrao at his temporal region and other body parts, suffering grievous injuries. Kisanrao was in hospital for long time. 4. Learned counsel for the accused/ applicant submits, the accused/ applicant has undergone custody for virtually six months. 2 Criminal Application No.1906/2011 It may be that on 20.6.2010 some unknown person has assaulted the complainant in his agricultural land as at the material time identical attacks has taken place in the vicinity of the field. Even Bhartibai, on 20.6.2010 has stated that unknown person has assaulted the complainant by unknown weapon. 5. I quite see statement of Sharad, Vitthal, Sanjay, Vijay, Balaji being of either servant or nephews of the complainant, least chances of their succumbing to any pressure. Shivaji and Balwant are inter-se brothers. 6. Counsel submits, in the light of pronouncement of Hon’ble Apex Court ion the matter of Baba Singh Vs. State of Uttar Pradesh (1978 AIR (SC) 527), successive application is not barred and it will not preclude to urge for bail. 7. There cannot be a quarrel on the legal proposition that rejection of earlier application does not bar from second consideration at a later stage. 8. Without disturbing what has been observed on 22.2.2011, the submission of learned counsel that the accused/ applicant shall remain outside Hadgaon and preferably at Nanded, requires consideration, and six months custody. 9. The injured has regained, following his agricultural 3 Criminal Application No.1906/2011 pursuits. No other overt act by the accused, no criminal record. The incriminating weapon axe is taken charge. Charge sheet, as stated earlier, is filed on 30.12.2010. Hence, the accused is directed to be released on bail on conditions. O R D E R (i) The accused/ applicant Raju Baburao Poul be released on his furnishing P.R. bond and a surety in the sum of Rs.20,000/- (Rupees twenty thousand). (ii) the accused/applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (iii) the accused/applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (iv) After release, the accused/ applicant shall stay in the city of Nanded, shall not enter Hadgaon and in particular, village Banchincholi, Taluka Hadgaon where the witnesses primarily reside, till conclusion of trial. The accused/ applicant shall scrupulously attend the Sessions Trial. (v) The accused/ applicant shall give his changed address and contact number to the investigator within 15 days of release. He shall report nearest police station on every last Sunday of the month till conclusion of trial. Hamdast permitted. Application finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri1835.11