1 Cri-A-5857-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5857 OF 2010 Sunil Magan Wani ... Applicant vs. State of Maharashtra ... Respondent Mr. K.S.Patil, i/b. Mr. Sagar Kasar,Advocate, for the applicant Ms. P.P.Shinde, APP, for the respondent - State CORAM: J.H.BHATIA,J. DATE : 1st February, 2011. P.C. 1. The applicant seeks to be released in Crime No.117/2010 registered by Yeola Police Station, District Nashik for the offences under Sections 302, 143, 147, 148 and 504 of IPC. 2. The prosecution case, in brief, is that the first informant and his family live in the farm house. The accused/applicant is their cousin residing in the adjoining land belonging to the accused and his family. On 1.8.2010 at 7 a.m. some quarrel had taken place in respect of breaking of boundary between the fields of the said two parties. At about 8 a.m., the present applicant along with several other persons came and began to abuse Mangalbai, mother of the first informant Janardhan. While she was cleaning utensils by sitting on the ground, the 2 Cri-A-5857-10.sxw present applicant lifted a big stone weighing about 6 to 6-1/2 kg. and dropped on the head of said Mangalbai, due to which she suffered serious bleeding injury and became unconscious. Later on, she was taken to hospital where she was declared dead. Post-mortem report reveals that there was lacerated wound over back of the head and there was haematoma below scalp over left occipital region. There was also a Epidural haematoma over right temporal base of the head. Prima facie, the applicant caused the death of Mangalbai by dropping a heavy stone on her head. Both the parties are residing just near each other and only a boundary of the field divides. If bail is granted, there is every possibility that the disputes between the parties may escalate. The present applicant may either abscond or may try to tamper with the prosecution evidence. Therefore, looking to the gravity of the offence, I am not inclined to grant bail. 3. Therefore, the application stands rejected. (J.H.BHATIA,J.)