1 Cri.Appln.No.572/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.572/2011 (Kashinath Dnyanoba Ghodke Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.PS Chavan, Adv. for applicant; Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 7 th March, 2011. ... 1) Heard. 2) In Crime No.65/2010 registered at Bhada police station for the offences under Sections 302, 323, 504, 506 r/w 34 of Indian Penal Code, the accused/applicant, in custody from 7th September, 2010, seeks bail. 3) The learned Counsel submits, charge sheet is filed, it was a dispute of a trivial nature between two sisters-in- law, in which toll of Dharmaraj is allegedly taken, it was by a sudden provocation and consequently, the accused be released on bail. 4) Learned APP submits, the stick, the weapon used in assault, is seized under the panchanama; the witnesses have seen the accused/applicant inflicting blow to 2 Cri.Appln.No.572/2011 his real brother – Dharmaraj and done to death. 5) Considering the rival submissions, the manner in which the applicant/accused has assaulted his real brother Dharmaraj with the stick and sickle, it was a primarily pre-mediated act, cannot be branded to be based on sudden provocation. The F.I.R. of widow also implicate the accused/applicant with past controversies between the ladies and the accused threatening Dharmaraj to eliminate. 6) In the result, no case to release the applicant/accused on bail is made out, even if charge sheet is filed or he is in custody from 7th September,2010. The brutality and the ghastly approach in the matter is writ-large, the atmosphere in the village is polluted and a rebellion approach is certainly surfacing. Application rejected. (K.U.CHANDIWAL) JUDGE bdv/