1 BA-1736-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL BAIL APPLICATION NO. 1736 OF 2011 1. Bhiva Salu Thombare ) 2. Sambhaji Salu Thombare ) ..Applicants (Orig. accused Nos. 4 & 5. vs. The State of Maharashtra ..Respondent Mr. A.P.Mundargi, Senior Counsel i/b. Deepak Shinde,Advocate, for the applicant. Mrs. P.P. Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 23rd November, 2011. P.C. 1. The applicants, who are original accused Nos. 4 and 5 in Crime No. 20 of 2011 registered with Lonand Police Station, Satara under Sections 302, 307, 143,147,148, 323, 504, 506 read with Sections 34 and 149 of IPC, seek to be released on bail. 2. Prosecution case in brief is that deceased Maruti and the accused persons are related to each other and in fact they belong to one family of Thombares. The land of that family was acquired by MIDC. About distribution 2 BA-1736-11.sxw of compensation amount, there were disputes between Rajaram Salu Thombre on one hand and Maruti Thmbare on the other. On 5.3.2011, Maruti Thombare had beaten Popat son of Rajaram in which leg of Popat was fractured and he was admitted in the hospital. About that a case was registered against Maruti Thombare and others. The accused persons were granted bail in that case on 31.3.2011. 3. The incident of this case took place on 5.4.2011. As per the report lodged by Santosh son of deceased Maruti Thmbare, he himself and his father Maruti left their house by their motorcycle to goo tothe field of Sharad Bhoite. As soon as they left their house, Scorpio vehicle bearing No. MH-11-AW-7171 followed them and stopped them at a distance of about 450 sq. ft. Accused Ananda rajaram Thombare was driving the vehicle and by his side Popat Rajaram Thombare was sitting. With them Santosh, Rajaram Thombare, Rajaram Salu Thombare, Bhiva Salu Thombare and Sambhaji Salu Thombare came out from the Scorio. At that time, Popat asked these persons to hold and kill. Maruti Thombare and his son Santosh. Accused Ananda and Santosh sons of Rajaram Thombare came with knives in their hands and began to assault Maruti and caused several injuries with the knife. When he fell down, Rajaram Thombare, Bhiva Thombare and Sambhaji Thombare beat him with kicks and 3 BA-1736-11.sxw fist blows. Santosh tried to save his father Maruti, but he was also beaten with fist blows by Rajaram and Sambhaji. When this was going on accused Ananda Thombare started his Scorpio and crushed Maruti. At that stage, to save himself complainant Santosh ran away from the field. The statement of several witnesses have been recorded which are on the same line. All the witnesses belong to the same family. 4. Post-mortem report of Maruti reveals that a large number of incised and contused wounds and multiple fractures of ribs. If the FIR and other statements and post-mortem report are looked into, it appears that the death was caused by Ananda and Sanosh with knife and Ananda crushed Maruti with the vehicle. The present applicants Bhiva and Sambhaji are brothers of Rajaram and uncles of Popat. As per the FIR they had beaten Maruti as well as his son with kicks and fist blows. The learned Counsel for the applicant contends that there is a tendency in the village to implicate as many as male members of the opposite party as possible in such cases. He also points out that even as per the FIR, the applicant had no weapon. As per the FIR, Ananda and Santosh had caused several injuries. The fact remains that the present applicants were not armed with weapons. They had not caused any injury and only allegation is that they had assaulted with kicks and fist blows. Both of them are aged about 50 years. 4 BA-1736-11.sxw Investigation is already completed and charge sheet is filed. 5. Therefore, both the applicants be released on their executing P.R. of Rs.50,000/- each with one or two sureties in the like amount with condition that they shall not tamper with the prosecution evidence and they shall not enter the village Hingangaon for a period of one year or till the decision of the case, whichever is earlier. Besides that they shall also report at the Police Station every Monday between 4 to 6 p.m. 6. As some of the accused persons are in jail, the trial Court shall try to expedite and dispose of the case as early as possible and in any case,within one year. (J.H.BHATIA,J.)