( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2657/2009 Prakash S/o Laxman Gavhane and others. vs State of Maharashtra ------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr.D.G.Patil, Adv.for applicants. Mrs. S.S. Wandile, APP for respondent. Coram: A.P. Bhangale, J Dated : 28th August, 2009 Heard. 1) By this application applicants are praying for grant of bail in respect of FIR No.33/2009 reported at Mahagaon Police Station, Mahagaon, District Yavatmal on 27/02/2009 under Secs.302, 324 read with Sec.34 of Indian Penal Code. The FIR was lodged by Santosh Sakharam Kalapad regarding assault between applicants Prakash Laxman Gavhane and Ramesh Laxman Gavhane. When father of the first informant went to mediate, Ramesh Gavhane went off the scene, but Prakash Laxman Gavhane and Natthu @ Khushal ( 2 ) Rama Gavhane got angry and blamed father of the first informant that he is cause of the quarrel and thereafter both Prakash and Natthu @ Khushal assaulted by means of stick on the head and chest of father of the first informant, in the result there was bleeding head injury caused to father of the first informant. Mother of the first informant was also injured in the incident. She was also assaulted by means of stick. Due to commotion, which was heard by third applicant Balaji Natthu Gavhane, he also came there and gave kick blows and fist blows to parents of the first informant. 2) It is case of the prosecution that on the same day injured father of the informant succumbed to the head injury, which he had received in the incident. Post mortem report indicating that probable cause of death was head injury and mode of death of cardio respiratory arrest. It is also case of the prosecution that at the instance of Natthu @ Khushal, weapon of offence described as rumna made for cultivating the land was also seized in the course of investigation. According to the prosecution, there are eye witnesses whose statements have been recorded and if applicants are released on bail, there is possibility of repetition of the crime and tampering ( 3 ) of the evidence. 3) Learned Advocate for the applicants contended that the incident occurred out of sudden quarrel and, therefore, the penal liability of the applicants No.1 and 2 may be of culpable homicide not amounting to murder. Regarding role of the applicant No.3, it is contended that he came to the scene after assault and role attributed to him that he gave kick and fist blows, which was not cause of death. 4) Having considered the submissions as also material collected during the investigation, it does appear that there is evidence of direct as well as circumstantial nature against applicants No.1 and 2 and their involvement prima facie in serious accusations may be believed. Considering the active role attributed to them as also apprehension of the prosecution that they may tamper with the evidence or may repeat the crime, as also considering the prospective sentence of life imprisonment in such case. I am not inclined to grant bail in favour of applicants No.1 and 2. 5) On considering that applicant No.3 is aged about 19 years, young person without any criminal antecedents in past and also active role attributed to him is limited to giving kick and fist ( 4 ) blows, I am inclined to consider conditional bail order in his favour. Hence, following order. (a) Bail application by applicant No.1 Prakash Laxman Gavhane and applicant No.2 Natthu @ Khushal Rama Gavhane is rejected. (b) Bail application by applicant No.3 Balaji Natthu Gavhane is allowed. He shall released upon executing P.R. bond of Rs.30,000/- with one or more sureties in the like amount, provided further that applicant No.3 Balaji Gavhane shall attend Investigating Officer on each date of hearing. He shall not commit any crime while on bail. He shall not tamper with the evidence and shall not communicate with prosecution witnesses as well as first informant. That the applicant No.3 shall inform his address alongwith phone number/cell no., if any, as also change in the address, if any, to the Investigating Officer and to the trial Court. 6) Trial is expected to heard as expeditiously as possible. Judge. Khunte