1 Cri.Appln.No.1229/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1229/2011 ( Sunil @ Ballu s/o Appa Pawar 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. RV Gore, Adv. h/for Mr. DH Jadhavar, Adv. for Applicant; Mr. VH Dighe, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 30 th March, 2011. ... 1) Heard. 2) The accused/applicant, in custody from 5th November, 2010, in Crime No.138/2010 of Kallam Police Station, seeks bail. 3) The alleged incident of assault by an axe, smashing father by the accused/applicant is in the hut/room having taken place on 19th September, 2010, the father was removed to hospital. 4) F.I.R. is belatedly lodged on 3.11.2010. The explanation offered by the step-mother is, she was under terror of the accused/applicant, her step-son, and she was advised to wait till wellbeing of her husband being recovered from the traumatic assault. 5) The prosecution relies on few eye-witnesses, closely related to the step-mother. The cause or motive is, share in the sale consideration of plot allegedly conveyed/sold by father – Aappa Gulab Pawar. 6) The discovery of axe, at the instance of the accused, does not inform of any stains, at least not so indicated in CA report to connect it. Post mortem notes and medical report do not primarily support the prosecution to be death by a sharp-edged weapon or blow by weapon like axe. The belated FIR has added salt to the situation. The primary reason for lodging 2 Cri.Appln.No.1229/2011 the FIR by the step-mother appears to be to ensure avoidance of share in the sale consideration received by deceased Appa. 7) There is no other criminal record possessed by the accused, least chances of winning the witnesses though they are from his relation to more leaning to the cause of step mother. Hence order. 8) The applicant/accused Sunil @ Ball Appa Pawar be released – on his furnishing a PR bond and a surety in the sum of Rs. 10,000/- (Rupees ten thousand). 9) The applicant/accused, till charge is framed in the Sessions Case, shall stay at Washi city and shall furnish his address with contact number to the Investigator and shall scrupulously attend the Sessions Trial at Osmanabad. 10) Criminal Application allowed as above. (K.U.CHANDIWAL) JUDGE bdv/