16. cr appln 5772­10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 5772 OF 2010 Dattatraya Narayan Linge .. Applicant Vs The State of Maharashtra .. Respondent Mr. Ashutosh Kale i/b Mr. Rajesh Jadhav for the Applicant Mr. S.A. Shaikh, APP for the State CORAM : J.H. BHATIA, J DATE : 24th JANUARY, 2011. P.C.: 1. The applicant seeks bail in C.R. No. 30 of 2010 registered at Tembhurni Police Station in Sessions Case No. 37 of 2010 pending before the Sessions Court, Solapur. 2. Heard the learned counsel for the applicant and learned APP for the State. 3. Deceased Suresh was brother of the present applicant. From the FIR lodged by Abhijeet, son of the deceased, it appears that the deceased was addicted to liquor and under influence of liquor, he used to abuse and beat his wife and children. Because of this, his wife and sons left the house and went to live at Rahata. About 8-10 days before the incident, they 1 16. cr appln 5772­10.doc had come back and they resided at the house of sister of wife of the deceased. On 15th February 2010, the present applicant went to the house of the sister-in- law of the deceased and told his son Abhijeet that Suresh had come in drunken condition and had abused and beaten his wife and had also threatened to kill. From the statement of the witness, it appears that on 16th February 2010 at about 11.30 a.m., the deceased went to the house of his brother i.e present applicant in drunken condition with stick and began to abuse the present applicant and his wife. The wife of the applicant objected to the filthy abusive languages of the deceased but the deceased began to bear her. Due to this, the present applicant got annoyed and beat Suresh with stick, as a result of this, he died. 4. The postmortem report shows that the deceased had suffered several injuries including two on the head but there was no fracture on the skull bone. The cause of death was due to shock due to intracranial and intrathorsic bleeding due to injuries. In view of the circumstances in which the incident occurred, the applicant deserves to be granted bail. 5. Hence, the applicant be released on his executing P.R. in the sum of Rs. 20,000/- with one or two sureties in the like amount with condition that he 2 16. cr appln 5772­10.doc shall not tamper with the prosecution evidence. 6. Application stands disposed of. [ J.H. BHATIA, J ] 3