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IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 2941 OF 2012

Popat Dagadu Sadgir

....Applicant

Versus

State of Maharashtra

....Respondent

......

Mr. S.G. Jadhavar h/f Mr. U.P. Giri, advocate for the applicant.

Mr. R.P. Phatke, APP for respondent/State.

......

WITH

CRIMINAL APPLICATION NO. 3212 OF 2012

Bharat Laxman Halkunde

....Applicant

Versus

State of Maharashtra

....Respondent

......

Mr. R.K. Temkar, advocate for the applicant.

Mr. R.P. Phatke, APP for respondent/State.

......

WITH

CRIMINAL APPLICATION NO. 3213 OF 2012

Sharad Deoram Halkunde

....Applicant

Versus

State of Maharashtra

....Respondent

......

Mr. R.K. Temkar, advocate for the applicant.

Mr. R.P. Phatke, APP for respondent/State.

......

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CORAM :

T. V. NALAWADE, J.

DATED :

20^th July, 2012.

P.C. :-

1.

All three applications are filed for bail. Advocate for

applicant submitted that he wants to withdraw application no.

3213 of 2012. So that application is disposed of as withdrawn.

Arguments are heard of both the sides in remaining two

proceedings.

2.

Crime is registered on the basis of report given by one

Manoj Musale. The family of Manoj has dispute with family of

applicants and some civil dispute is filed by the family of the

complainant before the Tahsildar. Tahsildar has issued notices to

the applicants and some persons from their side and so there was

tension between these two groups.

3.

Incident took place on 11.01.2012 after 6 p.m. The

applicants and others like Deoram came to the house of the

complainant and they started giving abuses. Then quarrel started.

During quarrel, applicant – Sharad snatched Rutuja, a daughter of

Dnyaneshwar, who was also a nice of the applicant from the

hands of Dnyaneshwar. For finishing Rutuja, Sharad dashed Rutuja

on road. Rutuja became unconscious. She succumbed to the

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injuries. When she was under treatment the report came to be

given on 11.01.2012.

4.

Police papers were made available and they show that

the main allegations are against Sharad who has withdrawn the

bail application. The P.M. Report in respect of dead body of Rutuja

shows that most of the marks were of the treatment but there was

head injury and she died due to the head injury. As apparently,

the act of Sharad caused her death, this Court holds that it is not

desirable to keep the other applicants behind bars. Deoram is

already released on bail. In view of this circumstance, the

applications are allowed. Applicants from application no. 2941 of

2012 and 3212 of 2012 are to be released on bail on furnishing PR

& SB of Rs. 25,000/- (Rs. Twenty five thousand) by each of them.

They are not to tamper with the prosecution witnesses. They are

not to commit similar offences.

[ T. V. NALAWADE, J. ]

sga/