{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4293 OF 2010 1. Pandurang Sakharam Mohite 2. Dnyeshwar Pandurang Mohite APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.N.V.Gaware, Advocate for the applicants Mr.B.V.Wagh, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 26th October 2010 PER COURT: 1. By the present application, the applicants seek pre- arrest bail in connection with Crime No.60/2010 registered with Hasnabad police station, Dist-Jalna for an offence punishable u/s 302, 323, 504 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation, the FIR, statements of the eye witnesses and the Postmortem report. 3. It appears that though no external injuries were found on the dead body of deceased Namdeo, yet while conducting the {2} PM certain internal injuries, due to which the death has caused, were noticed. Statements of eye witnesses, including the complainant, demonstrate that the alleged incident took place on 20.09.2010 during the night hours near one temple. The complainant alleges that he was present at the time of the alleged incident as there was quarrel over fetching of water for giving to crop, between the deceased and applicants. It is also alleged that during the said quarrel, the applicants gave kick and fists blows to deceased Namdeo and ultimately he died after 11 days. 4. Learned counsel for the applicants urged that as per the complaint, the alleged incident took place on 20.09.2010 and initially the deceased was taken to Hasnabad for medical treatment from where to Jalna and therefrom to Ghati hospital, Aurangabad. The deceased was admitted in Ghati hospital till he expired. It is asserted by the learned counsel for the applicants that during the said period, surprisingly, no complaint was lodged about the alleged assault on 20.09.2010. Learned counsel for the applicants further asserted that one application was moved before the Executive Magistrate, Bhokardan by the deceased himself on 21.09.2010. Therefore, it is contented that, when the deceased was admitted in hospital and was taking treatment since 20.09.2010 and then how comes that he has submitted the said application before the Executive Magistrate. Learned APP, upon query, states that from the record it appears that the deceased himself had presented the said application before the Executive Magistrate, {3} Bhokardan on 21.09.2010. In view of this aspect, when it is alleged that the deceased was admitted in hospital through out, a question arose that how the deceased had been to the office of Executive Magistrate Bhokardan. In the premise, it prima facie appears that there is something, which is not coming on record and, therefore, case is made out to exercise the discretion vested in this Court to enlarge the applicants on anticipatory bail. 5. In the result, the application is allowed. In the event of arrest of the applicants in connection with Crime No.60/2010 registered at Hasnabad police station, the applicants be released on bail on their furnishing surety in the sum of Rs.20,000/- each and on executing PR bonds in the like amount. 6. It is, however, made clear that this protection is granted for a period of 6 weeks only. The applicants are directed to attend the concerned police station, if required for interrogation, on written intimation from the IO concerned. Prosecution is at liberty to move for cancellation of bail before the competent Court, in case, during the investigation certain evidence is collected showing the involvement of the applicants. [A.V.POTDAR, J.] drp/B10/criapln4293-10