(1) CRI. APLN. 5007.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5007 OF 2010 Shriram S/o Jairam Badade, Age: 28 years, Occu.: Agriculture, R/o. Kadiwadgaon, Tq. Wadwani, Dist. Beed APPLICANT VERSUS The State of Maharashtra Through Police Station, Wadwani, Dist. Beed RESPONDENT ..... Mr. S.J. Salunke, Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 9TH DECEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is arrested in connection with crime no.36 of 2010 registered at Wadwani Police Station for the offences punishable under section 302, 325 and 506 r/w. 34 of the Indian Penal Code. According to the prosecution, in the relevant night of May 30, 2010 deceased Lahu Gavhane and his relatives/friends etc. were proceeding to village (2) CRI. APLN. 5007.2010 Kadiwadgaon in a Tata Sumo Jeep vehicle. They were accompanied by Ankush Gavhane who is the younger brother of deceased Lahu Gavhane. It is alleged that when they reached at village Kadiwadgaon, and alighted from the jeep vehicle in front of house of Ashabai Kundlik Badade, who was the victim of family feud, they noticed that there were about 6-7 persons standing at a distance on the road. Then, Arvind Sawant and Lahu Gavhane alognwith Anil Yadav proceeded to seek who were the members of that group of persons. One of them then raised alarm and all of the three started returning towards the jeep vehicle. They were running towards the jeep vehicle. They were chased by the group of 6-7 persons. One of them, assaulted deceased Lahu Gavhane by means of a stick and therefore, Lahu Gavhane fell down. He became unconscious. It was subsequently learnt that the applicant was the assailant who dealt the stick blow on head of deceased Lahu Gavhane. The deceased was admitted in a private hospital under unconscious condition. It was reported to the Medical practitioner that deceased Lahu Gavhane was injured due to accident, because the motorcycle had slipped (3) CRI. APLN. 5007.2010 on the road. Injured Lahu Gavhane subsequently breathed his last in the private hospital and therefore information was given to the Police. The FIR was lodged after about one week, alleging that the applicant and others assaulted deceased Lahu Gavhane by means of stick. 3. Having heard learned Advocate for the applicant and learned A.P.P. and on perusal of the investigation papers, it prima facie appears that deceased Lahu Gavhane, Anil Yadav and others went to the village Kadiwadgaon in order to help the husband and other members of the family of Ashabai Badade, who is sister of Arvind Sawant. The purpose of the visit of said Arvind Sawant and his group members, including Lahu Gavhane was prima facie to avenge upon the members of the opposite group who had quarrel and assaulted the husband of said Ashabai and her family members. It appears that in anticipation of such help likely to be available to the members of the family of Ashabai Badade, the members of the opposite group were also ready and were standing on the road with sticks in their hand. (4) CRI. APLN. 5007.2010 4. The FIR was lodged after about one week. The information given to the private Medical Practitioner was to the effect that Lahu Gavhane met with an accident. His father is attached to Shirsala Police Station as A.S.I. His statement was immediately recorded in the next morning of the incident. His Police statement purports to show that he received information from Ankush Gavhane, his another son i.e. Lahu Gavhane was injured during course of accident and was admitted in the private hospital. Obviously, there was no immediate disclosure about the alleged incident of assault mounted by the applicant and others on deceased Lahu Gavhane. 5. For a moment even assuming that deceased Lahu Gavhane was given a stock blow on the head by the applicant, yet it is difficult to infer that intention of the applicant was to cause death of Lahu Gavhane. The applicant and his group members were probably armed with sticks and intended to dispel the group of persons who were likely to assault them. The applicant seems to have dealt a single blow of (5) CRI. APLN. 5007.2010 stick on the head of the deceased and that too under the circumstances which indicate probability of there being counter assault. In this view of the matter, it is difficult to gather that the applicant is guilty of offence punishable with death or imprisonment for life. 6. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.25,000/- (Rs.Twenty Five Thousand) with a solvent surety bond in the like sum to the satisfaction of the Court of Sessions and on further condition that he shall not enter village Kadiwadgaon during the period of the investigation and the trial and on further condition that he shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. Sd/- [V. R. KINGAONKAR, J.] arp