1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Cri. Application (BA)No.475/2011 Vijay @ Onkar Wankhede and two othes VS. state of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 03/10/2011. Heard Mr. S. V. Sirpurkar, Advocate for the applicants and Mr. S. S. Doifode, APP for the respondent. Mr. S.S. Dhengale, Advocate holding for Mr. A. B. Mirza, Advocate assisted the prosecution. The applicants, who have been arrested on 10.4.2011 in Crime No. 27/2011 registered at Police Station, Hiwarkhed for offence punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code have filed this application for bail. Mrs. Sunanda Sheshrao Wankhede, the wife of the deceased has lodged complaint alleging that at 7.30 p.m. on 9.4.2011, Ramkrushna Baban Wankhede, Shrikrushna Baban Wankhede, Raju Omkar Wankhede, Viju Omkar Wankhede and Viju Omkar Wankhede came in front of their house and Ramkrushna assaulted her husband with axe on the head whereas others assaulted 2 him with stones and she was also assaulted when she went to rescue of her husband. Perusal of the post-mortem examination report reveals that three injuries were sustained by the deceased on her head. One was chopped injury at the fronto-temporal region on left side, the second was contused lacerated wound over fronto-temporal region on left side, bone deep and the third was fracture to the skull at the fronto temporal region on left side. The probable cause of death was due to shock on account of injury to brain. It is seen that the Investigating Officer had asked for the opinion of Medical Officer whether all the injuries were sustained by the deceased can be caused by the axe sent to him for opinion and whether the injuries caused by such axe can cause death. The Medical Officer has opined that all the three injuries were possible with the said axe and death can occur due to the injuries caused by the said weapon. Therefore, the death of deceased was not caused by assault with stones. Considering the role attributed to the present applicants and the fact that there are no criminal antecedents as against them and no fear that they would flee from justice and lastly since chargesheet has already been filed, I am of the opinion that the applicants deserve bail by taking care of fear of the respondent about possibility of tampering with the witnesses. 3 In the result, the application is allowed. The applicants shall be released on bail in Crime No.27/2011 registered at Police Station, Hiwarkhed for offence punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code upon execution of personal recognition bond by each one of them in the sum of Rs. 30,000/- with one solvent surety in the like amount under the following conditions:- (i) The applicants shall not tamper with the prosecution evidence and shall not pressurize the prosecution witnesses. (ii)The applicants shall not commit any offence during the pendency of the bail. Application stands disposed of. JUDGE Ambulkar.