1 Cri.A.5023.11+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5023 OF 2011 1. Ajay S/o Damu Ahire( Nath) 2. Ashok S/o Pandit Ahire, Both R/oNathwada, behind Navbharat Dairy, Jalgaon, Tq. and District Jalgaon. ...APPLICANTS. VERSUS The State of Maharashtra, and another. ...RESPONDENTS. WITH CRIMINAL APPLICATION NO. 5172 OF 2011 1. Gajanan S/o Gopal Sonar R/o Tukaramwada, Jalgaon, Tq.& Dist. Jalgaon. 2. Vijay S/o Damu Ahire(Nath), R/o Nathwada, behind Navbharat Dairy, Jalgaon, Tq. and District Jalgaon. ...APPLICANTS. VERSUS The State of Maharashtra, and another. ...RESPONDENTS. ... Shri.S.M.Godsay,Advocate for Applicants. Shri.D.R.Kale, A.P.P. for Respondent-State. ... 2 Cri.A.5023.11+1 CORAM: R.Y.GANOO, J. DATE : 15.12.2011. PER COURT : 1. Heard learned counsel on both sides. 2. The applicants are arrested, in connection with Crime No. 207 of 2011, registered with MIDC Police Station, Jalgaon, District Jalgaon, under Sections 307, 323, 504 and 506 read with section 34 of the Indian Penal Code. The charge-sheet is filed and in the charge-sheet it is alleged that aforesaid applicants have committed offence under Section 302 of the Indian Penal Code. 3. As both these applications arise out of same offence, the same are being disposed of by this common order. 4. The FIR is filed by Sau. Kokila Nana Wanjare on 18.06.2011, as regards the incident, which took 3 Cri.A.5023.11+1 place at about 1.00 a.m. The sum and substance of the incident is that Mr. Sunil Nana Wanjare was invited by applicants to assault and inflict the injuries to Mr. Shyam. Mrs.Kokila protested and on learning that protest the Vijay assaulted Sunil with knife by giving blows on the chest as well as stomach and left hand. Other applicants assaulted him with fists and kick blows. The said Sunil died on account of the assault. The post mortem was conducted. Post Mortem report indicates as many as six injuries. Perusal of description of injuries go to show that they can be attributed to the sharp edged weapon, namely, weapon used by Vijay co-accused. Other eye witnesses have confirmed the statement of this complainant Kokila. 5. An argument is advanced by Mr. Godsay, learned advocate for the applicants that applicants Ajay, Ashok and Gajanan have given fists and kick blows and these acts by itself would not be responsible for causing death of deceased Sunil. This submission was opposed by 4 Cri.A.5023.11+1 Mr. Kale, learned APP, contending that all four persons attacked Sunil and caused his death. Even if police statements of various witnesses are accepted, it would go to show that role alleged to have attributed to the applicants Ajay, Ashok and Gajanan is not serious. The allegations and role attributed to the applicant Vijay, who has given blows with knife is serious. The question is as to whether the applicants can be released on bail. 6. In the midst of the argument, learned advocate for the applicants stated that applicant Vijay will not press his bail application and appropriate order can be passed so far as applicant Vijay is concerned. 7. So far as other applicants are concerned, I am inclined to observe that looking to the allegations and their role viz assault by fists and kick blows, they can be released on bail, as death has occurred not on account of kick blows, but on account of multiple intestinal perforations 5 Cri.A.5023.11+1 caused by Vijay. . In view of the above, following order is passed: (i) The Bail application filed by Vijay is allowed to be withdrawn. (ii) Co-Accused Ajay S/o Damu Ahire ( Nath), Ashok S/o Pandit Ahire, and Gajanan S/o Gopal Sonar, who have filed the respective applications for bail, are granted bail in connection with Crime No. 207 of 2011, registered at MIDC Police Station, Jalgaon, District Jalgaon. Accordingly, the applicants, namely, Ajay S/o Damu Ahire (Nath), Ashok S/o Pandit Ahire, and Gajanan S/o Gopal Sonar are hereby ordered to be be released on bail in the sum of Rs.20,000/-(Rupees Twenty Thousand) 6 Cri.A.5023.11+1 with one surety in the like amount. Each of the applicant aforesaid shall execute P.R. bond of sum of Rs.20,000/-(Rupees Twenty Thousand). (ii) The applicants, who has been granted bail shall report to the concerned Police Station on every second Saturday of the month between 11.00 a. m. to 4.00 p.m. till recording of the evidence of material witnesses. . The Criminal Applications stand disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK