cra3073.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3073 OF 2011 1) Sachin s/o Vishwasrao Gutte, Age-24 years, 2) Sanjay s/o Vishwasrao Gutte, Age-28 years, 3) Ashok s/o Vishwasrao Gutte, Age-26 years, 4) Raju @ Rajiv @ Rajkumar s/o Vishwas Gutte, Age-30 years, Occu:Lecturer, 5) Vishwas s/o Nagorao Gutte, Age-55 years, Occu:Asst. Sub Inspector of Police, Chikalthana M.I.D.C. Aurangabad. ...APPLICANTS. VERSUS The State of Maharashtra, Through Investigating Officer ...RESPONDENT. ... Shri.S.V. Mundhe Advocate for Applicants. Shri.B.J. Sonawane, A.P.P. for Respondent. ... cra3073.11 2 CORAM: T.V. NALAWADE, J. DATE : 28TH JULY, 2011 PER COURT : 1. This Application is filed for bail in C.R. No.27 of 2011 registered in Kingaon Police Station, Tq-Ahmedpur, Dist-Latur, for the offences punishable under Sections 302, 143, 147, 149, 504 of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Meenabai, widow of the deceased. She has made allegations that on 10th June, 2011 at 7.00 p.m., in front of her house, Applicants and other members of family of the Applicants, picked up quarrel with her husband and they were demanding return of hand-loan to her husband and they were also demanding interest. She has contended that when the husband said that at cra3073.11 3 that time there was no money with him, he was assaulted. Allegations are made that during the assault, Applicant No.1 - Sachin, virtually lifted her husband and threw him on the road and he also said that he would finish, the deceased. Allegations against the other Applicants are made that they gave fist blows and kicks to the deceased when the deceased was lying on the ground. 3. The A.P.P. submitted that spot panchnama shows that incident took place on cement road, which was very hard and as the deceased was virtually lifted and thrown on this road, it needs to be presumed that there was intention to finish the deceased. The P.M. report shows that there was contusion over occipital area of head of the size of 4 1/2 X 4 c.m. and there was irregular swelling. Due to this injury, there was hemorrhage in the brain and the death took place due to 'intracranial hemorrhage'. cra3073.11 4 4. Advocate of the Applicants submitted that on 11th June, 2011 marriage of Applicant No.2 Sanjay was to be solemnized and false allegations are made against the Applicants. The A.P.P. submitted that there are at least four eye witnesses to the incident and the investigation is still in progress. 5. It appears that the Applicants are behind bars since 11th June, 2011 and one accused is behind bars since 16th June, 2011. In view of the nature of the allegations and as the statements of the witnesses are recorded, it can be said that most of the investigation is completed. It was stated that Applicants are educated persons and Applicant No.5 is working as Assistant Sub Inspector and Applicant No.4 is working as Lecturer and other Applicants have completed education like D.Ed., M.A. B.Ed. etc. cra3073.11 5 6. In view of the aforesaid circumstances and particularly, the P.M. report, this Court holds that bail needs to be granted to all the Applicants. So, the Criminal Application is allowed. The Applicants are to be released on bail in C.R. No.27 of 2011 registered in Kingaon Police Station, Tq-Ahmedpur, Dist-Latur, for the offences punishable under Sections 302, 143, 147, 149, 504 of the Indian Penal Code, on their furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand), each. The Applicants are not to tamper with the prosecution witnesses. [T.V. NALAWADE, J.] asb/JULY11