{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3102 OF 2010 Gayabai w/o Chandrakant Wahul & others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. Joydeep Chatterjee, Advocate for the applicants Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12 th August 2010 PER COURT: 1. By the present criminal application, the applicants, wife and daughters of the deceased, have prayed to release them on bail in connection with Crime No.41/2010 registered with MIDC, CIDCO police station, Aurangabad for an offence punishable u/s 302, 323, 504 r/w 34 of the Indian Penal Code. It is informed that the applicants are arrested on 7 th May 2010 and after completion of the investigation, charge sheet has been filed before JMFC, Aurangabad on 19th July 2010. As all the attempts of the applicants became unsuccessful to get themselves released on bail, they are before this Court. {2} 2. Heard learned counsel for the applicants followed by learned APP. 3. The report of Post Mortem, conducted on the body of deceased Chandrakant indicates that the PM was conducted on 7th May 2010 and the alleged incident has taken place in the night between 6th and 7th May 2010. Total, 17 injuries were found on the the dead body and mentioned in column No.17. Certain injuries are in the nature of cut injury and can be caused by hard and blunt object. Whereas certain injuries are in the form of stab injuries. Practically, all the body of the deceased was in fact butchered. Medical Officer has opined that the death is caused due to head injury associated with multiple stab puncture wounds and the death is homicidal and that viscera was preserved. Report of viscera is not before this Court. From the nature of injuries noticed on the dead body it can safely be inferred that the death is homicidal one. 4. In the light of medical papers perused the other papers of investigation. The alleged incident occurred in the night between 6th and 7th May 2010 in front of the house of the deceased and applicants. The complainant is the son of the deceased. In the report lodged by applicant Surekha in respect of injuries sustained by deceased it was stated that they noticed the deceased was found lying in injured condition below one tree from where he was shifted {3} to hospital where he was declared dead. It appears that during the course of investigation statements of two eye witnesses, Ramkuwarbai and Jahirabee, are recorded. According to the eye witnesses, they saw altercation of words between the applicants and deceased and the deceased was under the influence of alcohol at the time of alleged incident and he was scolding the applicants and in a hit of anger, the first applicant with handle of axe and other applicants with sticks, assaulted and deceased, who collapsed and hence was taken to the hospital. 5. Version of the two eye witnesses no where discloses that either of the applicant as having any weapon which can cause piercing injury. 6. After arrest the applicants, one axe and handle of axe was recovered, which was sent for chemical examination on 21.05.2010, however report of CA does not indicate any blood stain on the same. 7. The way and manner in which the incident is projected by the two eye witnesses, coupled with the nature of injuries found on the person of the deceased, if accepted as it is, then there is every likelihood that during the assault, blood of the deceased must have been transferred on the clothes of the assailants. However, the unfortunate part of the investigation is that clothes on the person of the accused are not collected and hence not sent {4} for chemical analysis. Considering this aspect that so far as two eye witnesses do not corroborate the nature of injuries found on the person of the deceased and the nature of evidence collected during the investigation coupled with the fact that the as investigation is over, there are no chances of tampering of investigation, case is made out to enlarge the applicants on bail. 8. in the result, the application is allowed. All the three applicants be released on bail on their furnishing solvent surety in the sum of Rs.25,000/- each and on executing PR bonds in the like amount. All the applicants to report MIDC, CIDCO police station on 15 th day of each month till disposal of the trial. Applicants are also directed not to contact the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln3102-0