IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CR.APPLN/5335/2010 SAMBHAJI GANGADHAR KAJBE AND ORS V/S STATE OF MAHARASHTRA AND ANR ... Shri S.T.Shelke, Advocate for applicant and Shri K.M.Suryawanshi, APP for respondents. ... CORAM : K.U.CHANDIWAL,J. Dated : January 10, 2011 PER COURT :- 1. Heard respective parties. 2. In Crime No.19 of 2010 registered with Sangamner Police Station for the offences punishable under Sections 302, 326, 143, 147, 149, 323, 504 and 506 of Indian Penal Code, pre-arrest bail is urged. 3. Learned counsel for the applicants submits that there is an inordinate delay in lodging the first information report as the incident has occurred on 27.10.2010, death of Bhausaheb is dated 13.11.2010 and it cannot be on account of the so called injuries or events dated 27.10.2010. However, since he was 75 years old and considering the age and nature of ailment he has succumbed. Learned counsel repeats that it is a political vendetta that has given rise to the after thought prosecution. Hence he urged to release the accused/applicants in the event of arrest on conditions. 4. I quite see that there is a delay in lodging the first information report for the incident dated 27.10.2010. However, details thereof are explained in report CR.APPLN/5335/2010 (2) - Pages 8,9 and 10 of the application. This plausible explanation needs to be acted upon at this stage of the matter. When the injured has attributed a specific role to each of the accused in his additional statement dt. 12.12.2010, it cannot be said at this stage that death of Bhausaheb was a natural death or that the accused/ applicants should not be held responsible for the injuries suffered by said Bhausaheb or injuries suffered by Vikas, who has sustained a fracture. Since the investigation is in progress and custodial interrogation of the accused is imperative as incriminating articles like sickle, other implements, stick etc. are yet to be taken charge of, the application is rejected. The observations are prima facie in nature. (K.U.CHANDIWAL, J.) ... akl