1 criapln2128-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2128 OF 2011 Annasaheb @ Pappu Bharat Tarkase .. Applicant Vs The State of Maha. .. Respondent ... Shri B.V.Thombre,Adv. for applicant. Shri S.G.Nandedkar,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.103/10 registered with Murud police station, Dist.Latur for offences punishable under Section 302 r.w. 34 of I.P.C. The A.P.P. has made available the papers of investigation. Both the sides are heard. 2] Crime was registered on the basis of report given by Bansi Gaikwad the nephew of deceased Babasaheb. There was dispute between Babasaheb and his wife. Present applicant is brother in law 2 criapln2128-11 of deceased. Wife of deceased was taken to parents house by applicant and warning was given to the deceased that he should not enter their village to see her. It is contended that 2 days prior to the date of incident, Babasaheb went to Kanadi Borgaon to see his wife and the incident took place there. There is record like statement of eye witness Dnyandeo Ade who is also resident of Kanadi Borgaon. He witnessed the incident of assault made on the deceased by the present applicant. Assault was made by kicks and fist blows. Post mortem report shows that abrasions were found mainly on the face and chest. The death book place due to sudden cardio-respiratory arrest due to head injury. Thus there is medical evidence in support of version of eye witness. The eye witness belongs to the village of the applicant. There is prima facie case for offence to commit murder and due to the aforesaid circumstances, bail cannot be granted to the present applicant. So the application stands rejected. [T.V.NALAWADE,J.] umg/criapln2128-11