1 criapln2103-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2103 OF 2011 1] Piraji Madhav Solanke 2] Bajrang Piraji Solanke .. Applicants Vs The State of Maha. .. Respondent ... Smt.S.S.Jadhav,Adv. for applicant. Shri B.J.Sonawane,APP for Respondent-State ... CORAM : T.V.NALAWADE,J. DATE : 07/06/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.9/11 registered with Kinwat police station, Dist.Nanded for offences punishable under Sections 323, 306 r.w. 34 of I.P.C. The A.P.P. has made available the papers of investigation. Both the sides are heard. Charge sheet is already filed. 2] It was not disputed that Madhav More committed suicide by 2 criapln2103-11 consuming poison. Report is given by widow of the deceased. She has made allegation that there was dispute between Sanjay and the wife of Sanjay and due to the dispute, some land was transferred in the name of applicant no.1. It is contended that even after transferring the land, the dispute continued. On 16/2/11, Sanjay called the present applicants to his house as he was not satisfied with the behaviour of his wife. After reaching the house of Sanjay, it is alleged that the applicants assaulted the deceased with fist and blows. The deceased felt insulting and then, on the same day, he committed suicide by consuming poison. Police have recorded statements of some neighbours in support of the allegations made by the complainant. Post mortem report shows that the death took place due to poisoning. Applicants are of village Dabad, Tq. Kinwat, Dist. Nanded, when the complainant is residing at Amadi, Tq. Kinwat, Dist.Nanded. 3] It was submitted for the applicants that intention as required under Section 107 of I.P.C. cannot be gathered from the allegations made by widow of the deceased. There is some force in this submission. Even if the incident described by the complainant is accepted as it is, it will be difficult to draw such inference. The applicants are behind bar since 28/2/11. In view of the aforesaid circumstances and as the witnesses are of different village, application needs to be allowed. Hence application is allowed. 3 criapln2103-11 4] Both the applicant no.1 Piraji Madhav Solanke and applicant no. 2 Bajrang Piraji Solanke are to be released on bail on their furnishing P.R. bond of Rs.15,000/- each. They should not enter the village of the complainant i.e. Amadi till disposal of the case against them. They shall not tamper with the prosecution witnesses. [T.V.NALAWADE,J.] umg/criapln2103-11