1 Cri.A.2431.11+2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2431 OF 2011 . Pravin @ Ganesh S/o Vasantrao Auti Age 32 Years,Occup: Agriculture, R/o Sastpimpalgaon, Tq. Ambad District Jalna. ..APPLICANT. VERSUS . The State of Maharashtra, ...RESPONDENT. WITH CRIMINAL APPLICATION NO. 2229 OF 2011 . Kamalbai S/o Vasantrao Auti Age 68Years,Occup: Agriculture, R/o Sastpimpalgaon, Tq. Ambad District Jalna. ..APPLICANT. VERSUS . The State of Maharashtra, ...RESPONDENT. WITH CRIMINAL APPLICATION NO. 2230 OF 2011 . Ashok S/o Vasantrao Auti Age 38Years,Occup: Agriculture, R/o Sastpimpalgaon, Tq. Ambad District Jalna. ..APPLICANT. VERSUS . The State of Maharashtra, ...RESPONDENT. 2 Cri.A.2431.11+2 ... Shri.V.D.Salunke,Advocate for Applicants. Shri.B.J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 23RD JUNE, 2011. PER COURT : 1. All these applications are filed in Crime No. 71 of 2011, registered with Gondhi Police Station, District Jalna, for the offence punishable under sections 306, 504 and 506 read with section 34 of the Indian Penal Code and relief of anticipatory bail is claimed. 2. Papers of investigation are made available by APP. Both sides are heard. 3. Report is given by mother of the deceased- Vishnu. She has contended that applicants own agricultural land in the village near land of her family. There is dispute between two families in respect of land. It is her case that applicants were insisting them to sell their portion to the applicants and as complainant was not ready, they frequently picked up the quarrels. She has contended that on 17.04.2011 she learnt that Rajendra Auti, a son of the applicant from proceeding NO. 2229 of 2011 had given 3 Cri.A.2431.11+2 abuses to her son Vishnu and Vishnu had expressed that he was frustrated due to frequent quarrels, applicants were picking up with him. She has contended that Vishnu then went to the field for work. She has contended that Vishnu slept under tree and he informed that due to harassment given by present applicants and due to quarrel picked up by Rajendra on that day he had consumed insecticide. An attempt was made to save the life of deceased Vishnu, but he died on 19.04.2011. Report came to be given on 03.05.2011. 4. Advocate for the applicants submitted that there is dispute on account of agricultural land and in the past report was given by son of the applicant viz Pravin against deceased and other members of family of deceased on 06.09.2010 and on that basis criminal case was filed by the police against them. It is contended that due to previous dispute applicants are falsely implicated. He also argued on the ground of delay caused in filing the report. 5. Papers of the investigation were produced and they show that after the death of Vishnu on 19.04.2011, father of the deceased had given statement to the police. On the basis of this statement, report AD was registered at No. 121 of 2011. He had informed to police that on 4 Cri.A.2431.11+2 17.04.2011 he and deceased-Vishnu were working in the field and as deceased was not feeling comfortable with work, the deceased consumed insecticide. He told his father that he had consumed insecticide as he was not able to do the work and as he was suffering due to abdomen pain. In the report, it was informed that deceased had undergone operation in respect of abdominal pain, but he was still suffering from pains. In view of these circumstances and as report was given very late and as there was previous dispute between the families, this Court holds that it is fit case for granting anticipatory bail. In such a case police should not need custodial interrogation. So, these applications are allowed. Hence, following order- (i) In case of arrest of the applicants, namely, (1) Pravin @ Ganesh S/o Vasantrao Auti, (2)Kamalbai S/o Vasantrao Auti and (3) Ashok S/o Vasantrao Auti in Crime No. 71 of 2011, registered with Gondhi Police Station, District Jalna, for the offence punishable under sections 306, 504 and 506 read with section 34 of the Indian Penal Code. they be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees Fifteen Thousand) each, on condition that- (a) The applicants shall co-operate during the 5 Cri.A.2431.11+2 investigation and to attend the concerned Police station on coming Saturday and Sundary i.e. 25.06.2011 and 26.06.2011 from today between 9.00 a.m. to 12.00 noon. (b) The applicants shall not tamper with the prosecution witnesses . . It is made clear that these observations are only for the present proceeding and they will not come in the way of trial Court while deciding the case. Sd/- [ T.V.NALAWADE, J.] MTK