1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 230 OF 2011 ( Pravin @ Pintya Arun Hazare & One Another Vs. State of Maharashtra P.S.O. P.S. Pulgaon) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. N. Khare Adv for applicants. Shri S. S. Doifode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 10th JUNE, 2011. . This application has been filed by the applicants for releasing them on bail pending trial. Deceased Vaikuntharao Yende was the neighbour of Arun Hazare. This Arun is the father of the applicants. On 21.11.2010 deceased Vaikuntharao Yende was present in the house. At about 7.30 p.m. his son by name Vinod came to his house. There was quarrel between father and son. At about 8 p.m. Arun Hazare came in front of the house of the deceased and enquired about the quarrel and wanted to carry Vinod with him. The deceased was annoyed because of the intervention of Arun Hazare . He even asked Arun Hazare as to why he was pokenosing in the quarrel between father and son. Thereafter Arun went to his house. Deceased also came out of the house to check whether his son Vinod had left the place. While the deceased was in front of the house of Arun 2 Hazare, the later abused the deceased. There after Arun Hazare and both the applicants brought sticks from their house and dealt its blows on the person of the deceased. Manda, wife of deceased witnessed the incident. Deceased was carried to the hospital at Pulgaon by his son. However he succumbed to the injuries on the same night. Manda then lodged First Information Report with the Police Station Pulgaon and on that basis offence under Section 302 read with Section 34 of Indian Penal Code came to be registered. The learned counsel for the applicants contended that the investigation has been completed and charge sheet has been filed. He invited my attention to the postmortem notes. Postmortem notes show that no surface wound was noticed on the body of the deceased. However, it is mentioned that on palpation fracture of skull was found present. On internal examination multiple fracture of both temporal bone and both occipital bone were found. However, no external injury was seen over the scalp skin. He, therefore, contended that there is a possibility of only blow having been dealt with on the skull of the deceased. Incident seems to be an unfortunate out come of Arun Hazare (accused no. 1) intervening in the quarrel between the deceased and his son. Taking over all view of the facts and circumstances of the case it appears that the present applicants who are the sons of Arun Hazare (accused no.1) absolutely had no concern with the earlier incident. Obviously assault was not pre-planned. Main role appears to be that of Arun Hazare who has not sought his release on bail. Seizure of all the three sticks has been effected at the instance of Arun Hazare. In this view of the matter, it would be proper to exercise discretion of releasing the applicants on bail with certain conditions. 3 The applicants 1 and 2 shall be released on bail on their executing PR bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each and two sureties each in the like amount with a condition that they shall not indulge in influencing the witnesses in any manner, and should not enter the village Tamba, Tahsil Deoli, District Wardha till trial is over. Learned Sessions Judge Wardha shall see that trial is expeditiously disposed of and as far as possible within 6 months from the date of this order. JUDGE svk