( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3878 OF 2010 Sanjay s/o Sudam Suryawanshi, R/o Wakodi, Tq. Ahmednagar, District Ahmednagar. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. N.C. Garud, advocate for the applicant. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 29th November, 2010] PER COURT : 1. This is an application for bail. 2. Heard learned advocate for the applicant and learned A.P.P. Perused the investigation papers. ( 2 ) 3. The chargesheet is already filed. The learned advocate appearing for the applicant makes a statement that co-accused Dropadabai is already released on bail. The applicant is said to have participated during course of the alleged assault. He was armed with a stick. The incident occurred on 26th February, 2010. It appears that the incident occurred in two (2) phases. Initially, at about 4 p.m., Pravin, who is minor son of deceased Matya, had gone to fetch drinking water from a water tanker which had arrived in the village. He returned home with a complaint that one Yogesh and Prakash abused him, threatened and beaten up him and, therefore, he could not get the water. So, Matya alias Mater and his wife went to ask said Yogesh and Prakash as to why they had assaulted and pushed away Pravin. Then one Raju Pawar took side of Yogesh and Prakash and all of them assaulted deceased Mater alias Matya, his wife Sharada and son Pravin. The injured Matya went to Bhingar Camp Police Station for lodging a complaint. 4. The second part of the incident occurred at about 6 p.m. when allegedly, informant Alister who is old-aged father of deceased Matya alias Mater was proceeding towards a square. He saw that Matya alias Mater, Sharada and Pravin were coming ( 3 ) from opposite direction. At that time, the applicant alongwith other 4/5 persons approached them. They were armed with sticks and iron rods. The applicant is said to have assaulted Sharada by means of his stick. At the same time, remaining assailants assaulted deceased Matya alias Mater. They started beating him by means of iron rods and stick. When informant Alister and Pravin attempted to intervene, they too were beaten up by means of sticks and iron rods as well as kicks and fists. After arrival of some of the villagers, the applicant and the other assailants left the spot. In the course of the second part of the incident, Matya alias Mater, Sharada, informant Alister and Pravin were injured. So also, wife of the informant was injured during course of medical treatment, Matya alias Mater died on next morning i.e. 27th February, 2010 at about 2.50 a.m. 5. It is important to notice that initially, the applicant had joined the other assailants, who started beating Matya alias Mater, after a shortwhile. It is further important to note that the incident occurred due to trivial reason, namely, the pushing away Pravin from the queue, which was formed in front of the water tanker. There was no serious enmity between the deceased and the applicant. The applicant ( 4 ) did not use any sharp-edged weapon during course of the alleged incident. The post-mortem notes purport to show that deceased Matya alias Mater died as a result of head injury caused to him. It was found that deceased Matya alias Mater had sustained six (6) injuries. The post-mortem notes show that there was a suture wound over the right eyebrow and the suture wound over the forehead besides the other three (3) injuries. Whether these injuries were caused by means of an iron rod or the stick used by the applicant is yet to be determined. In absence of any property dispute or previous motive, the sudden incident occurred as a result of trivial quarrel over the issue of obtaining drinking water from water tanker would show that prima facie intention to cause death of Matya alias Mater may not be in existence. 6. Considering the foregoing reasons, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs. 25,000/- (rupees twenty five thousand) with one solvent surety bond in the like sum, and on condition that he shall not enter village Wakodi until the sessions trial is completed and finally disposed of. He shall submit an undertaking to such effect while furnishing the bail bonds to the Court of Sessions. He shall also abide ( 5 ) himself by the condition that he will not contact any of the prosecution witnesses and will make no attempt to tamper with the prosecution evidence. [V.R. KINGAONKAR] JUDGE NPJ/criapln3878-10