{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 540 OF 2010 1. Umrao s/o Tatyaba Choughule Age-68 years, Occ-Agril 2. Khandu s/o Kisan Choughule Age-22 years, Occ-Education 3. Kisan s/o Tatyaba Choughule Age-70 years, Occ-Agril 4. Pandurang s/o Kisan Choughule Age-19 years, Occ-Education All R/o Pimpla (Khd), Tq-Tuljapur, Dist-Osmanabad APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.V.S.Tanwade, Advocate for applicants Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 23rd February 2010 PER COURT: 1. By this application, the applicants have prayed to {2} release them on bail in connection with CR No.84/2009 registered with Tamalwadi police station for an offence punishable u/s 302 r/w 34 of the Indian Penal Code. It is informed that the applicants No.1 and 2 are arrested on 11.12.2009 and applicants No.3 and 4 are arrested on 14.12.2009. 2. Heard learned counsel for the applicants and learned APP. Perused the papers of investigation carried out till today. 3. It appears that the offence is registered on 09.12.2009 on the complaint of one Tukaram Shevale in respect of an incident dated 09.12.2009. It is alleged that when the complainant was working in his field one Sindhu informed him that the applicants are assaulting one Bharat, with whom she has alleged illicit relations. The said Sindhu is wife of applicant No.1. On receipt of this information the complainant and others reached at the spot where they noticed that deceased Bharat was lying in seriously injured condition. At that time, Saudagar, son of deceased Bharat also informed that he saw one person going out of his house holding an axe in hand. On the same day Bharat expired. Considering the PM notes it is clear that the death of the deceased is unnatural and homicidal. Statements of Sindhu and Saudagar so also statement of one Vishu, recorded during the investigation play vital role. Though the applicant No.1 and 3 are respectively aged 68 and 70 years, major role is attributed to them in the assault on Bharat, which has resulted into his death. It prima facie {3} appears that assault by applicants No.1 and 3 has caused the death of Bharat and there is direct evidence against them. Therefore, case of applicants No.1 and 3 cannot be considered for bail. However, so far as role alleged against applicants No.2 and 4 is concerned, as per the statements of the eye witnesses, they were just standing outside the house, where Bharat was being assaulted by applicants No.1 and 3. The applicants No.2 and 4 are the students studying at Tuljapur and witnesses reside at Pimpla Kh. In the premise, case is made out to enlarge the applicants No.2 and 4 on bail while no case is made out to release the applicants No.1 and 3. 4. In the result, the application is partly allowed. The application of applicants No.1 and 3 is hereby rejected. Applicants No.2 and 4 be released on bail in connection with CR No.84/2009, registered with Tamalwadi police station, on their furnishing surety in the sum of Rs.20,000/- each and on executing PR bonds in the like amount. The applicants No.2 and 4 are prohibited from entering village Pimprala Kh till commencement of the trial. After commencement of the trial, applicants No.2 and 4 may apply to the concerned Sessions Court for relaxation of this condition. [A.V.POTDAR, J.] drp/A10/criapln540-10