Cri. Appln. No. 3094/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3094 OF 2011 1. Arun s/o. Narayan Nagare, 2. Ganesh s/o. Narayan Nagare, R/o. Mahegaon, Tq. Kannad, Dist. Aurangabad. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. N.S. Ghanekar, Advocate for applicants. Mr. B.J. Sonawane, APP for State/respondent. Mr. Joydeep Chatterji, Advocate for original complainant. CORAM : T. V. NALAWADE, J. DATED : 5th August, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 67/11 registered in Pishor Police Station for offences punishable under sections 302, 201, 34 etc. of IPC. 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 Namdev Nagre, grandfather of the deceased. His family has dispute with Cri. Appln. No. 3094/11 2 the family of the present applicants as in the past there was suspicion against the family of applicants that they had committed theft of some articles of the family of complainant. On that occasion threat was given to the complainant's family as suspicion was expressed against them. 3. Grandson of the complainant, aged about 18 months, was missing for sometime on 20.6.2011. When search was made, they found the dead body of the grandson in the well of one Shankar Ghuge. As parapet wall of the well had sufficient height, the complainant expressed suspicion against the applicants that applicants have committed murder of grandson of the complainant due to previous dispute. 4. The APP produced PM report showing that death took place due to asphyxia due to drowning. No injury was found on the dead body. Both the sides produced photographs of the well where dead body of the grandson of the complainant was found. The advocate for the applicants submitted that at one place the height of the parapet wall was around 1 and half feet and not three feet. APP submitted that as the parapet wall has sufficient height, it was not possible for the deceased, who was aged about one and half years, to climb on the parapet wall. In any case, there is only suspicion expressed against the applicants due to previous dispute. In view of these circumstances, this Court holds that it is a fit case to grant bail. Cri. Appln. No. 3094/11 3 5. So the application is allowed. Both the applicants are to be released on bail in Cr. No. 67/11 registered in Pishor Police Station for offences punishable under sections 302, 201, 34 etc. of IPC on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). They are not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln3094/11