{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2749 OF 2010 Rambhau s/o Bhanudas Varkate & Others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhav, Advocate for the applicants Mrs. V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd July 2010 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.34/2010 registered with Talwada police station for an offence punishable u/s 147, 148, 149, 302 and 201 of the Indian Penal Code, as the applicants are in jail since 01.06.2010. 2. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation carried out till today. {2} 3. Applicants No.1 to 3 are brothers of each other, applicant No.4 is the son of applicant No.1 and applicant No.5 is the son of applicant No.2. Admittedly, sister of applicants No.1 to 3, by name, Mangalabai had married with Bhaskar Babar, who was resident of the same village. It appears that said Bhaskar expired on 02.02.2010. Admittedly, the funeral was attended by the present applicants, complainant and other relatives of the deceased. It appears that mother of said Bhaskar is still alive. Bhaskar has two married sisters, and he has inherited certain property. It appears that after the demise of said Bhaskar, his mother Jijabai alienated the said property in the name of her two daughters, namely Ahilyabai and Parvatibai by executing two separate sale deeds. Accordingly, an application for mutation was moved before the village Talathi. Admittedly, widow of Bhaskar, Mangalabai, is not given any share in the said property. Therefore, widow of Bhaskar filed complaint on 7th March 2010 before Talathi not to mutate the names of the alleged purchasers. It appears that the Talathi forwarded the complainant to Tahsildar concerned. It appears that in turn Tahsildar issued notices to the alleged purchasers on 7th April 2010. After service of notice, it appears that on 24th April 2010, sister of deceased Bhaskar, Ahilyabai lodged a report with Talwada police station against the present applicants alleging that they have killed said Bhaskar. 4. This Court has to require firstly that the complaint is lodged after 83 days of the demise of Bhaskar and admittedly no {3} explanation is offered about the delay. Secondly, though the funeral of the deceased was attended by the applicants and complainant, yet at that time no complaint was made against them. Lastly, the funeral was performed without conducting any Postmortem, ignoring the fact that there were allegations of assault by the applicants on the deceased. In absence of any injury certificate or Postmortem note, it is very difficult to decide that the deceased has actually died due to the alleged assault by the applicants or not. Though investigation is in progress yet considering the overall effect, case is made out to enlarge the applicants on bail. 5. In the result, the application is allowed. All the applicants be released on bail on their furnishing surety in the sum of Rs.10,000/- each and on executing PR bonds in the like amount, if not required in any other offence. Accordingly, application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2749-10