1 CA4521/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4521 OF 2011 1. Vishwanath @ Vishwambhar s/o Gangaram Hatkar 2. Bhujanga s/o Pandurang @ Balaji Hatkar, 3. Purbhaji s/o Keshavrao Hatkar Applicants V E R S U S The State of Maharashtra Respondent Shri G.G. Kadam, Advocate for the applicants Shri K.S. Patil, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 13th December, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. As the matter was called out, learned Advocate appearing for the applicants submitted that applicant No. 1 Vishwanath @ Vishwambhar s/o Gangaram is not pressing this application and appropriate orders may be passed. 3. So far as applicant No. 2 Bhujanga s/o 2 CA4521/2011 Pandurang @ Balaji Hatkar and applicant No. 3 Purbhaji s/o Keshavrao Hatkar are concerned, I have perused the charge-sheet and heard learned Advocates of both sides. 4. The incident took place on 20th March, 2011. As per the complainant Haripal s/o Babarao Mungal, applicant Nos. 1 to 3 assaulted victim Babarao with fist and kick blows. At one point of time, applicant No. 1 Vishwanath dumped a stone on the chest of said Babarao and said Babarao has suffered fracture to his rib alongwith lung right, which has resulted in his death. Eye witnesses, such as Rustuma Mungal, Rahul Mungal, Gopinath Mungal, Amruta Dhage and Prabhu Mungal have stated against the applicants and their role mentioned in the F.I.R. tallies with the role attributed by each of the eye witness to all the applicants. This will mean that applicant Nos. 2 and 3 have assaulted Babarao with fist and kick blows. No doubt, the reason for the incident is very trivial. The postmortem report clearly indicates that the cause of 3 CA4521/2011 death was due to the cardio resperity failure due to lung right injury and peritom with right ribs, due to the blunt object trauma. This will clearly go to show that the injury caused by stone was directly responsible for the death of Babarao. Looking to the role attributed to applicant Nos. 2 and 3, they can be released on bail. Hence, following order is passed to dispose of the application. O R D E R 1. Bail application of applicant No. 1 Vishwanath @ Vishwambhar s/o Gangaram Hatkar is allowed to be withdrawn and is disposed of accordingly. 2. Bail application of applicant No. 2 Bhujanga s/o Pandurang @ Balaji Hatkar and applicant No. 3 Purbhaji s/o Keshavrao Hatkar is granted. 4 CA4521/2011 3. Applicant Nos. 2 and 3 are ordered to be released on bail in Sessions Case No. 119 of 2011, pending before the learned Sessions Judge, Nanded, concerning CR No. 25 of 2011, registered with Mudkhed Police Station, District Nanded in the sum of Rs.20,000/- (Rupees Twenty Thousand) each with one surety in the like amount. Each of the applicant Nos. 2 and 3 shall execute P.R. bond in the sum of Rs.20,000/- (Rupees Twenty Thousand). 4. The applicant Nos. 2 and 3 Shall report to the concerned police station on every Sunday between 11.00 a.m. to 04.00 p.m. till recording of evidence of material witnesses is over. ( R.Y. GANOO, J. ) SRM/13/12/11 5 CA4521/2011