1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 323 OF 2011 ( Rajesh Parkhi Bhosale & Ano. Vs. State of Maharashtra PSO PS Warora Distt. Chandrapur) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri Arun Mahakale Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 6th JULY, 2011. . Heard both sides. Peruse the Case Diary. The principal accused in Crime No. 59 of 2011 registered with the Police Station Warora District Chandrapur under Section 302, 201, 147, 148, 149 of Indian Penal Code is one Kappalta Bhasale. His wife Junn had illicit relations with a person by name Nilesh who used to conduct a Tea Stall near her hut. Kappalata got the knowledge of his wife having illicit relations with Nilesh who is the deceased. On the mid-night of 05.04.2011 Nilesh came to the house of said Kappalata. Then there was altercation between Kappalata and the deceased Nilesh. By alleging that said Nilesh was maintaining illicit relations with his wife, the said Kappalata started assaulting the 2 deceased with handle of spade. Because of rupture of spleen he died. The main witness is Junn-the wife of Kappalata. She did not make mention of the participation either of the applicant Rajesh or the applicant Nikkibai. The role attributed to Nikkibai-mother of Kappalata is that she helped in destroying the evidence after Nilesh was killed. Perusal of the order passed by the learned Additional Sessions Judge reveals that no efforts were taken to find out the role attributed to the present applicants. On the contrary, it is mentioned by the eye witness Junn that the applicant no.2 Nikkibai had offered water to the deceased. Application is allowed. Applicants 1 and 2 are directed to be released on bail on their executing PR bond in the sum of Rs. 25,000/- each with two sureties each in the like amount. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.