IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2401/2009 [ Pintya @ Vilas & Raju @ Rajendra Wamanrao Dhomne vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 6 th July, 2009 Heard Shri Dharaskar, Advocate, for the applicants and Shri Thakare, APP, for respondent State. The applicants are claiming bail under Section 439 of Cr.P.C. They are being prosecuted for the offences punishable under Sections 302, 324, 504, 506 r/w Section 34 of the I.P.C, arising out of Crime No. 106/2008, of Police Station Warud. The facts, those emerging are that, One Vanita had lodged report against the applicants for the offence under Section 324 and others for causing injuries to her. In the said report, there were some allegations against the applicants that they had beaten Natthuji. But the offence does not seem to be registered in respect of said injuries to Natthuji. Later on said Natthuji died. It is alleged by the prosecution that he died of homicidal death, as, in P.M. Report, cause of death was opined to be heamorrhage due to injuries to lungs and spleen. It does appear that the offence under Section 302 was added in the list of the offences in Crime No. 106/2008. There is a doubt whether this could be done; as the said report was in respect of injuries caused to Vanita. Whatever may be the circumstances, fact apparent is that, the said Natthuji had left the spot of incident when the offence in Crime No. 106/2008 was committed. It is not known as to what had happened thereafter. Learned APP has tried to co-relate the external injuries with the internal injuries found on the person of deceased Natthuji as per the post mortem report, but then there is doubt as to whether those injuries were sufficient to cause death of the deceased. The deceased was aged about 70 years. It is possible that even without intention of the applicants, the death might have been caused as a small injury or minor assault may have caused his death. In these circumstances, bail is warranted. Each of the applicants be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that they shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence and shall report at Police Station Warud on first Sunday of each month at 11 a.m. until further orders or till the trial is over. Application disposed of. Bail in trial Court. It is made clear that the above observations are in prima facie view of the matter and therefore, the same shall not influence the learned trial Judge while deciding anything on merits. Hamdast granted. JUDGE Rvjalit