{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3047 OF 2010 Vinod Nana Shinde APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. V.D.Sapkal, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 9th August 2010 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with Crime No.54/2010 registered with Mehunbare police station, Tq-Chalisgaon, Dist- Jalgaon, as the applicant is in jail since 24.04.2010. It is informed that, in this case, after completion of investigation, charge sheet has been filed on 2nd July 2010 before the JMFC, Chalisgaon. 2. Heard learned counsel for the applicant followed by {2} learned APP. As the investigation is over, perused the papers of investigation. 3. Autopsy conducted on the dead body of Ravindra Kumawat shows that the death of the deceased is caused due to head injury, rupture of spleen and hemorrhage. Perusal of the PM notes clearly indicates that the death is a homicidal one. 4. The present offence is registered on the basis of complaint of one Anil Kumawat, brother of deceased Ravindra. It is alleged in the complaint that Ravindra had married Bhagyashree against the will and wishes of her parents and hence there was grudge against Ravindra in the minds of family members of Bhagyashree. It is further alleged that in the night of 23.04.2010, Ravindra was passing through village Takali along with his wife Bhagyashree. It appears that on the fateful night, Ravindra, along with his newly wedded wife Bhagyashree, had been to a temple and on their way they were passing from village Takali at that time a mob of 7/8 persons intercepted the bike and assaulted him with fists and kick blows. From the recitals of the complaint itself it is clear that the said information was given to the complainant by his elder brother, who had received the same from one Nana Kumawat, who was in fact informed by one Aaba Hiraman. Thus, it is clear that neither the complainant, nor his informer is an eye witness to the alleged incident. It appears from the recitals of the complaint that Aaba Hiraman and Santosh Koli are the alleged eye witnesses {3} of the said incident. 5. Papers of investigation disclose that statement of Aaba Hiraman and Santosh Koli are recorded during the investigation. The said witnesses have disclosed that they have witnessed the incident of assault on the deceased by 7/8 persons and Santosh has identified the present applicant as one of the assailant. Statement of Santosh appears to be the mirror copy of the statement of Aaba Hiraman, as it is mentioned in the statement of said Santosh Koli that he came to know name of the applicant from Santosh Koli. This indicates in which manner the statements are recorded, however this is not the stage to criticize the investigation. 6. Apart from the statement of Aaba Hiraman and Santosh Koli allegations against the present applicant are also supported by Bhagyashree, wife of the deceased and niece of the applicant. It is gathered from the submissions of learned APP that this is a case of ‘honour killing’. 7. During the course of investigation, other than the motor bike driven by the applicant, nothing is recovered at the instance of present applicant. It is also contended that the assault on the victim was with fists and kick blows and no weapon was used. Hence, learned counsel for the applicant has contended that the assault on victim Ravindra was not pre-planned and hence it is {4} requested to allow the present criminal application. While opposing these submissions, learned APP has contended that the statement of Bhagyashree demonstrates that vital role is played by the applicant during the assault on the deceased, as the applicant has severely beaten the victim with kicks and fists blows. 8. Considering the rival submissions and after perusing the papers of investigation, it appears that neither the applicant nor other assailants had knowledge about the visit of the victim Ravindra to village Takali and in absence of any knowledge it cannot be said that the assault on the deceased was preplanned by the applicant and others. The fact that no weapon was used during the alleged assault prima facie indicates that the assault was not preplanned. Though unfortunately Ravindra lost his life in the alleged incident, yet it cannot be said that the assault was preplanned due to earlier dispute over the love marriage of deceased with Bhagyashree against the wishes of her parents. Taking into consideration the fact that now the investigation is over and charge sheet has been filed, there are less chances of tampering with the investigation. Apart from it, the witnesses, whose statements are against the interest of the applicant, are not residents of village Takali, where the applicant resides and hence the application deserves to be allowed. 9. Consequently, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of {5} Rs.25,000/- and on executing PR bond in the like amount. The applicant is directed not to visit or enter village Ranjangaon and Chalisgaon till disposal of the Sessions Case against the applicant and others. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln3047-10