Cri. Apln. Nos. 2662 & 2725/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2662 OF 2011 Bandu s/o. Balkrishna Savant, R/o. Ismailpur, Tq. Paithan, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. V.M. Kagne, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. WITH CRIMINAL APPLICATION NO. 2725 OF 2011 Ambadas s/o. Bhanudas Dhakne, R/o. Dahifal, Tq. Shevgaon, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. H.F. Pawar, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 4th July, 2011. PER COURT : 1. These applications are filed in Cr. No. 1/2011 registered with Paithan Police Station, District Aurangabad for offences punishable under sections 302, 149 etc. of the Indian Penal Code. APP has made Cri. Apln. Nos. 2662 & 2725/2011 2 papers of investigation available. Both the sides are heard. 2. The crime is registered on the basis of report given by Pratap Deshmukh, brother of the deceased. The family of Pratap has some dispute with the family of the applicant Bandu. It is contended that from Bandu the land of two acre portion was purchased by the family of Pratap. Bandu has created some dispute and the civil dispute was filed in the Court. Allegations are made that damage was caused to their crops standing in the disputed field on two occasions by the applicant and his two sons. The incident took place on 6.1.2011. Allegations are made that on that date the present applicant, his sons and others came there and deceased Madhav was assaulted on his head by using iron pipe by Rohidas. Allegations are made that the present applicant assaulted the complainant by using a stick and he sustained bleeding injury. Madhav succumbed to injuries though operation was performed to save his life. The PM report shows that there were injuries on head and death took place due to head injury. 3. Though section 149 of the Indian Penal Code is used, allegations against the present applicant is that he used a stick against the complainant. The injury certificate in respect of complainant shows that he sustained four simple injuries. The deceased sustained one injury, though in PM report three injuries are shown. There is possibility that at Cri. Apln. Nos. 2662 & 2725/2011 3 the time of performing operation, the cuts were taken and due to that three suturing injuries are shown. In view of this circumstances and considering the age of applicant, who is more than 65 years old, this Court holds that bail can be granted to him subject to some conditions. Applicant Ambadas from Criminal Application No. 2725/2011 is a tractor driver and allegations against him are that he also assaulted the complainant with a stick. He had no motive as such. He is shown as associate of Bandu and this Court holds that Bandu is entitled to bail. Hence, he can also be granted bail. Hence, the order. 4. So the applications are allowed. The applicants from both the applications are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) by each of them in Cr. No. 1/2011 registered with Paithan Police Station, District Aurangabad for offences punishable under sections 302, 149 etc. of the Indian Penal Code. They are not to tamper with the prosecution witnesses. Hamdast allowed. [ T. V. NALAWADE, J.] ssc/criapln