{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2296 OF 2010 WITH CRIMINAL APPLICATION NO.2125 OF 2010 X-X-X-X CRIMINAL APPLICATION NO.2296 OF 2010 Balu S/o Damu Shinde Age-55 years, Occ-Labour R/o Bethlam, Tq & Dist-Jalna APPLICANT VERSUS The State of Maharashtra Through Investigation Officer, Taluka Jalna Police Station, Jalna RESPONDENT WITH CRIMINAL APPLICATION NO.2125 OF 2010 1. Mandabai w/o Balu Shinde Age-48 years, Occ-Household R/o Bethlam, Tq & Dist-Jalna 2. Sham s/o Balu Shinde Age-25 years, Occ-Agriculture R/ Bethlam, Tq & Dist-Jalna APPLICANTS VERSUS The State of Maharashtra Through Investigation Officer, Taluka Jalna Police Station, Jalna RESPONDENT {2} ....... Mr.R.V.Gore, Advocate for the applicants Mr.D.V.Tele, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th June 2010 PER COURT: 1. By these two applications, the applicants have prayed to release them on bail in connection with CR No.268/2009 registered with Taluka Jalna Police Station, Jalna for an offence punishable u/s 302, 307, 326, 330, 504, 143, 148, 149 of the Indian Penal Code, as the applicants are arrested on 15.10.2009 and since then they are in jail. It is informed that in this offence, after completion of the investigation, charge sheet has been filed before the learned JMFC, Jalna on 11.01.2010. It is also informed that in the last week, the trial is also committed to the Court of Sessions against the applicants and others. 2. As both the applications arise out of same crime, they are being disposed of by this common order. 3. It appears that the said offence is registered on the complaint of one Hannabai Shinde in respect of an incident, which took place in the evening of 6th October 2009. There is no question of mistaken identity and role alleged against each applicant, as the {3} applicants and complainant are related interse and reside in close proximity. Papers of investigation further disclose that on the fateful day, in the morning there was quarrel between the complainant side and applicants’ side over a dispute as to where to construct the house. In furtherance of the said quarrel, in the evening, it is alleged in the complaint that, the applicants along with one Raju Shinde attacked the complainant, one Chhayabai and mother in law of the complainant Damayantibai. The allegations in the complaint are supported by the version of eye witnesses. The eye witnesses have stated that Raju Shinde had assaulted Damayantibai with an axe and applicant Manda thrown chilly powder in the eyes of witness Chhaya while applicants Balu and Sham had assaulted the complainant with sticks. 4. Perusal of the PM notes indicate that the death of Damayantibai is the result of cardio respiratory attack due to head injury. Column No.17 and 19 of the PM notes disclose that the victim had sustained 3 ICW and 2 CLW on the skull above neck. The corresponding injuries are noted in column No.19. Considering the nature of injuries found on the person of the deceased it can safely be inferred that her death is a homicidal one caused due to injuries inflected by sharp and hard objects. The said injuries found on the person of the deceased are attributed to accused Raju, who is not before this Court. Considering the injuries found on person of the deceased the same cannot be linked with the acts alleged against the applicants and hence it cannot said that the {4} applicants are responsible for the death of Damayantibai. 5. In the premise, as now the investigation is over and for more than 8 months the applicants are behind the bars, they can be enlarged on bail, however on certain conditions. 6. In the result, both the applications are allowed. All the applicants be released on bail in connection with CR No.268/2009 registered with Taluka Jalna Police Station, Jalna on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. The applicants are directed not to contact or tamper with the prosecution witnesses. The applicants are further directed not to leave the local jurisdiction of Taluka Jalna police station, Jalna without previous permission in writing from the concerned court or IO concerned. Both the applications stand disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2296-2125-10