FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3734 OF 2011 SHANTARAM @ SANTOSH MULA PADVI AND ORS VERSUS THE STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. Patil Hitendra D. APP for Respondent(s): Mr. D.R.Korde. ... CORAM : SHRIHARI P. DAVARE, J. Dated: September 21, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant Nos. 1 to 4, seeking regular bail in connection with Crime No.I- 30/2011, registered at Taloda Police Station, District Nandurbar, for the offence punishable under section 302 read with section 34 of Indian Penal Code. 3. It appears that, crime has been registered on the basis of the complaint lodged by the complainant namely Bokha Sedga Walvi (Police Patil) i.e. father of the deceased namely Rekha and grand father of deceased child Amita on 13.5.2011. Admittedly, there are double murders in the present matter and case is rested upon the circumstantial evidence. The statement of Arunabai Shantaram Padvi i.e. daughter of victim Rekha and applicant No.1 Shantaram apparently connects the applicants No. 1 to 3 to the alleged FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders crime. Statement of Shantibai Padvi pertains to the incident earlier to the murders of the victims in the first part thereof and, the second part thereof pertains to the occurrence of the incident and connects the applicants to the crime. Moreover, it also appears that the wooden weapon allegedly used in the commission of crime was discovered at the instance of applicant No.4 Shantabai Padvi under the memorandum of panchanama on 13.5.2011 as well as iron rod was discovered at the instance of applicant No.2- Mula Sanya Padvi, under the memorandum of panchnama on 13.5.2011. Postmortem report of the victim discloses that dead bodies were highly decomposed, but the postmortem report of Rekha discloses that injury mentioned in Serial No.18 and 19 are the cause of death due to head injury. Accordingly, there are incriminating pieces of evidence against the applicants. 4. However, since investigation has been completed and chargesheet has been filed, application in respect of applicant No.4] Shantibai w/o Mula Padvi deserves to be considered, for grant of bail, since she is a woman aged about 59 years. However, the application of the other three applicants i.e. applicant No.1] Shantaram @ Santosh s/o Mula Padvi, applicant No.2] Mula s/o Sanya Padvi and applicant No.3] Anta s/o Mula Padvi deserves to be rejected, although investigation has been completed and chargesheet has been filed, since, apparently there are incriminating pieces of FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders evidence against them. 5. In the result, present application is allowed partly to the extent of applicant No.4] Shantibai w/o Mula Padvi and it is directed that she be released on bail, in connection with Crime No.I-30/2011, registered with Taloda Police Station, District Nandurbar, on her furnishing P.R.Bond in the sum of Rs.15,000/-, with one surety in the like amount, on the condition that she shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 6. However, present application in respect of applicant nos. 1, 2 and 3 lacks merit and hence stands dismissed. Present application stands disposed of finally. 7. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***