1. All the applications are filed under section 439 (2) of Criminal Procedure Code for cancellation of bail granted to respondents -accused in C.R. No. 163/2011 registered in Ambajogai City Police Station for offences punishable under sections 302, 307, 149 etc. of Indian Penal Code. Both the sides are heard. Papers of investigation were made available. The State has supported the applications. Both the sides have filed affidavits in support of their rival contentions.

2. The papers of investigation show that the incident took place on 23.10.2011 at about 7.15 p.m. in the office of deceased Megharaj. The complainant Satish is the husband of a sister of Megharaj. The complainant is a resident of Ambajogai and he is working as an advocate. The office of deceased is situated in Ambajogai. At about 6.30 p.m. Megharaj called complainant to the office and so the complainant went to the office and they were having talk in the office from 6.30 p.m. onwards.

3. Accused Bibhishan Chate is a resident of village Sakud and accused Balasaheb Shep is resident of Shepwadi. These two persons were known to the complainant from prior to the date of incident and they were also known to the deceased. At about 7.15 p.m. these two persons entered the office of deceased along with four unknown persons. They were holding weapons like choppers and swords. Accused Balasaheb Shep gave first blow of chopper to the deceased and then accused Bibhishan gave many blows of sword on the face and other portion of the body of the deceased. When complainant tried to intervene in the incident, he was also assaulted by Bibhishan and blows of sword were given on the head and on the hands of the complainant. All the six persons, who had entered the office, assaulted the deceased with choppers and sword. During the incident, accused Bibhishan said that he was taking the revenge in respect of murder of his father. They left the place only when Megharaj was dead.

4. Satish was seriously injured in the incident. Due to the shouting of Satish, some persons rushed towards the office of Megharaj. Nandraj, brother of deceased, was present in the vicinity of the office with Balaji Chate and he also rushed to the spot. After their reaching to the spot, accused Balasaheb Shep and Bibhishan left the office. These two persons knew the other four persons, who had entered the office and they were Shrihari Chate, Govind Chate, Suryakant Chate and Sanjay Chate. These two witnesses noticed that the weapons which were in the hands of these six persons were stained with blood.

5. Complainant Satish went to police station from the spot. He was referred to Government Hospital by police. In the hospital at about 11.15 hours, his report came to be recorded on 23.10.2011 itself. In the F.I.R., the complainant gave the names of only two persons, who were known to him as Balasaheb Shep and Bibhishan Chate. He informed that other four persons were not known to him. However, in supplementary statement dated 24.10.2011, he gave the names of four other persons. These names were given by two witnesses Nandraj and Balaji when their statements came to be recorded on 24.10.2011.

6. The papers of investigation show that the glass frame of entrance door was totally broken in the incident. The furniture of the office was in scattered condition. Blood was lying everywhere in the office. The articles of the deceased like Chappal etc. were lying there. One leather case cover generally used for keeping sharp weapon of the length of 10 inches was also found on the spot. The M.L.C. in respect of complainant shows that one bleeding injury was found on parito occipital region and it was caused by sharp weapon. The complainant had sustained other injuries like two abrasions and fracture of right radius. He was examined in hospital at 7.55 p.m. of 23.10.2011.

7. The P.M. Report in respect of dead body of Meghraj shows that 17 chop wounds were found on his head, face and neck. These injuries had caused fra