-- 1 -- Criminal Application No.5402/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5402 OF 2010 Raosaheb s/o Satwaji Ingale ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri G.P. Shinde, Advocate for the applicant Shri N.B. Patil, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 2nd February, 2011 PER COURT : 1. Heard. In a dispute between two brothers over a well and agricultural property, there were regular features of brawl and skirmish, they developed rancour. On the fateful day, 4.11.2010, it was same exercise, interse accusations between the accused/ applicant Raosaheb, his brother Prakash and other family members ensued. Neighbours were fed up with their controversy since it was a routine between the brothers and their family members. 2. On 4.11.2010, out of such brawl, Prakash, the deceased, assaulted Raosaheb. Raosaheb dealt a log to Prakash, which was fatal in its nature. Prakash succumbed, expired. It was -- 2 -- Criminal Application No.5402/2011 informed, other family members have also assaulted Prakash. 3. The arrest panchanama illustrate that, the present accused/ applicant has suffered head injury, even indicated in the medical record of the accused/ applicant. Primarily, the act does not appear to be a premeditation and appears to be at spur of moment, it has taken toll of deceased Prakash. Charge sheet is filed on 3.1.2011, nothing is to be recovered from the accused/ applicant. Least chances of the accused/ applicant to be influencing the witnesses. Hence order: O R D E R 3. The accused/ applicant Raosaheb be released on his furnishing P.R. bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand). After his release, he shall attend the investigator on alternate Sunday between 3.00 p.m. to 5.00 p.m. till completion of trial. The accused/ applicant shall not influence the witnesses, which are close relations and others, in any manner, nor he will nag them from creating such a situation indicative to terrorize. Any breach of the terms will entail in cancellation of the bail. Application allowed in above terms. K.U. CHANDIWAL JUDGE fmp/cri5402.10