950-APEAL-574-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 574 OF 2026 1. Mosin Shaikh Majit Shaikh Majit 2. Matin Sk. S/o. Suleman Sk. VERSUS The State Of Maharashtra And Another ... Mr. P. P. More, Advocate for Appellants Mr. S. B. Narwade, APP for the Respondent – State Mr. M. N. Kalyane, Advocate for the Respondent No. 2 ... CORAM : R.M. JOSHI, J DATE : AUGUST 06, 2026 P. C. : 1. Appellants seek regular bail in connection with Crime No. 170/2025, registered with Mahur Police Station, Dist. Nanded, for the offences punishable under Sections 103(1), 352, 351(1), 351(2), 3(5) of Bharatiya Nyaya Sanhita and Sections 3(2)(va), 3(1)(r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. First informant Mahadev reported incident occurred on 22.09.2025 in which, present Appellants and co-accused assaulted the father of the informant on the ground that he questioned them about causing damage to the crop. In the said incident, they assaulted him with fists and kicks blows on his chest and stomach. Eye-witness tot he incident has tried to rescue the victim however, he was also assaulted by the Appellants and 2026:BHC-AUG:34132 950-APEAL-574-2026.odt others. Due to said assault, on 02.10.2025, the victim died. Offence came to be registered thereafter on 04.10.2025. 3. Learned Counsel for the Appellants submit that similarly placed accused has been granted bail by this Court vide order dated 06.07.2026 in Criminal Appeal No. 406/2026. It is his submission that Appellants have no criminal history behind them. According to him, in the facts of the case, on parity Appellants are entitled for bail. 4. Learned APP and learned Counsel for the informant opposed grant of bail firstly on the ground that offences under Atrocities Act are made applicable to the Appellants and secondly that the offence is serious in nature. They drew attention of the Court to the charge-sheet as well as observations made by the Special Judge while rejecting bail application of the Appellants. 5. Prima facie perusal of the First Information Report indicates that the incident had occurred on the issue that the deceased questioned the Appellants and others about causing damage to the crops. This Court finds prima facie substance in the contention of learned Counsel for the Appellants that in the incident in question since fists and kicks blows are given to the deceased, it would be difficult to attribute intention of murder against the Appellants. Moreover, post mortem notes indicate that death has not been caused due to injuries caused to the deceased but the deceased 950-APEAL-574-2026.odt died on account of septicemia. Though learned APP drew attention of the court to Clause (b) of Column No. 23 of post mortem notes indicating that injury nos. 6, 7, 8 and 9 are sufficient in ordinary course to case, however, the opinion or probable cause of death is not said injuries but death is due to septicemia. Having regard to these facts and the fact that Appellants have no criminal history behind them, this Court finds it a fit case to enlarge them on bail. Hence the following order :- O R D E R (i) Criminal Appeal is allowed. (ii) Appellants be released on bail in connection with Crime No. 170/2025, registered with Mahur Police Station, Dist. Nanded, for the offences punishable under Sections 103(1), 352, 351(1), 351(2), 3(5) of Bharatiya Nyaya Sanhita and Sections 3(2)(va), 3(1)(r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on furnishing PB of Rs. 30,000/- (Rs. Thirty Thousand only) each with one or two sureties in the like amount. (iii) They shall not contact the witnesses directly or indirectly. (iv) They shall attend each and every date of trial unless exempted by the Trial Court. (R. M. JOSHI, J.) Malani