1 Cri.Appln.No.2710/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2710/2011 (1.Vishwanmhar Ganesh Bharkad and Anr. Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.GP Shinde, Adv. For applicants; Mr. BJ Sonawane, APP for State. *** CORAM: T.V.NALAWADE ,J. DATE : 19 th JULY, 2011. PER COURT: 1) This application filed for bail in Crime No.93/2010 registered in Umari police Station Dist. Nanded for the offence punishable under Sections 302, 323 etc. r/w 34 of IPC. 2) Papers of investigation are made available by APP. Both the sides are heard. 3) The Crime is registered on the baiss of report given by Rameshwar Digambar Bharka, son of the deceased. Applicant no.1 is real brother of the deceased and applicant no.2 is son of applicant no.1. The alleged incident took place on 7.12.2010. The allegations are made that quarrel started as cattle of family of the complainant entered in the field of the applicant. It is alleged that 2 Cri.Appln.No.2710/2011 after initial quarrel the applicants and other members of their family gathered and they attacked father of the complainant. Allegations are made that applicant no.1 pelted a stone at the head of the deceased, which caused injury to head of the deceased and fell down. It is alleged that applicant no. 2, who was having a stick in his hand, inflicted stick blow on the head, hand and legs of the deceased. Allegation is made against Shantabai, wife of applicant no.1 that she has also pelted a stone at the head of the deceased. 4) It is submitted that there were eye- witnesses to the incident who are members of the family of the complainant. PM report shows that death of deceased was caused due to cardio- respiratory failure due to shock due to septicemia due to head injury. Death took place on 2.3.2011. In respect of the incident dated 7.12.2010, report came to be lodged on 10.12.2011. Injury certificate in respect of the deceased dated 7.12.2010, shows that there was satured CLW over parieto-occipital region and CT scan of the brain shows that there was cerebral contusion over right tempero-parietal region with intracerebral haematoma. 5) In view of these alleglations made 3 Cri.Appln.No.2710/2011 against the applicants as also against one lady namely Shantabai, referred above, and as MLC shows that there is satured wound over the head, this Court holds that bail can be granted to the applicants. The circumstance that death of deceased caused due to cardio- respiratory failure due to shock with septicemic with head injury after three months also to be kept in mind. So, the application is allowed. 6) The applicants are to be released on bail on their furnishing PR and SB of Rs.15,000/-(Rupees fifteen thousand) each. The applicants not to tamper the prosecution witnesses. For a period of one month, the applicants shall not enter their village. (T.V.NALAWADE) JUDGE bdv/