1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4418 OF 2010 Bharat S/o Sadashiv Bhande Age : 21 years, Occ : Agril., R/o Kawadgaon, Tq. Jamkhed, Dist. Ahmednagar. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. Madhaveshwari Thube-Mhase, advocate for applicant. Mr. P.P. More, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 18 th November, 2010. PER COURT : 1. This is an application for bail. 2. The applicant is arrested in connection with Crime No. I-153/2010 registered with Jamkhed Police Station under Sections 302, 326, 323, 504, 506 r/w 34 of the Indian Penal Code. 3. The alleged incident occurred on 30th June, 2010. The applicant allegedly was owner of 3 Acres land which was purportedly alienated in favour of the informant. It is alleged that applicant gave the said land to one Dashrath Bhore. Said Dashrath Bhore went to the agricultural land for the purpose of sowing in presence of applicant and his family members. At that time, the husband of the informant went to that land. It is alleged 2 that the applicant, his sister and mother assaulted the informant by means of sticks and rumne (wooden stick used for fixing of yoke). They also assaulted Ramdas i.e. husband of informant and father- in-law. Said Ramdas and father-in-law of the informant were seriously injured and became unconscious. The informant lodged F.I.R. about the incident and thereupon the offence was registered in respect of the alleged assault and causing of grievous injuries to Ramdas and her father-in-law. It appears that subsequently, father-in-law of the informant, Janardhan died while he was under medical treatment. 4. Heard learned Advocate for the applicant and the learned A.P.P. The charge sheet has already been filed. 5. What appears prima facie is that there was civil dispute regarding the nature of transaction in respect of the said agricultural land, which was purportedly alienated by the applicant and his family members but they were claiming it to be a money lending transaction, and therefore, effected subsequent sale in favour of one Dashrath Bhore. The incident occurred when the sowing operation was obstructed by the informant and deceased Janardhan. In such a case, it is required to be examined whether the assault was mounted in order to protect the property. Needless 3 to say, the actual possession of the agricultural land at the time of incident is of much significance. The applicant was not armed with any sharp edged weapon. Intention prima facie appears throughout the aggression or obstruction committed in the process of sowing operation. The applicant is young person aged about 20-21 years. Deceased was old aged man and could not withstand the beating mounted by the applicant. The intention prima facie appears to protect the possession of the agricultural land and the death could have been caused in the process of removal of the alleged obstructions in sowing operation. Under these circumstances, the applicant deserves liberty on certain conditions. 6. Application is allowed. The applicant is directed to be released on bail, on furnishing of Bail Bonds in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) along with one solvent surety to the satisfaction of the Court of Sessions. Further he shall simultaneously furnish an undertaking to the effect that he shall not enter the limits of village Kawadgaon until the Sessions trial is over. He shall not contact any of the prosecution witness and shall not make attempt to enter the limits of Kawadgaon. (V.R.KINGAONKAR) JUDGE gas/cri4418.10