1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application BA No.589/2011 Jagesh @ Sanjay s/o Bhivram Shihore Vs. State of Maharashtra. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 13/10/2011. Heard Mr. R. M. Daga, learned counsel for the applicant and Mr. P. D. Kothari, learned APP for the respondent. The applicant, who has been arrested on 17.4.2011 in Crime No.35/2011 registered at Police Station, Salekasa, for offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, has filed the present application for bail. The charge-sheet in the matter has already been been filed and it is seen that there is no direct evidence in the matter. The case of the prosecution is that the applicant, deceased Naresh and two others had all gone to Rondah Nala for fishing and they had tied wire to a bamboo and live electric current was passed and with the help of said 2 bamboo which was put in the water flowing in Nala fishing work was carried out. Deceased Naresh died on the spot on account of cardio respiratory arrest due to electric shock. However, the dead body was not found at the spot but it was found at a distance of 200 feet away hidden below leaves. It is noticed that on 15.4.2011 an offence punishable under Section 304-A of the Indian Penal Code was registered. However, since three injuries were found on the person of the deceased which were ante-mortem, under the instructions of Additional S. P., Gondia on 19.4.2011, offence was altered to one under Section 302 of the Indian Penal Code. Perused the post-mortem examination report. It is seen that three injuries sustained by the deceased are simple in nature and do not have anything to do with death of the deceased. As per the opinion of the Medical Officer, probable cause of death is cardio respiratory arrest due to electric shock. Then, the case of the prosecution is that all the four persons including the deceased have gone for fishing and had used live electric wire for the said purpose and when there is no motive for killing the deceased, in my view, the applicant should now be released on bail, as the charge-sheet has already been filed and no investigation remains to be carried out. In the result, the application is allowed. The applicant shall be released on bail in Crime No. 3 35/2011 registered at Police Station, Salekasa, District Gondia for offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, upon execution of personal recognition bond in the sum of Rs. 30,000/- (Rs. Thirty thousand only) with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution witnesses and shall not do any act to influence them. Application stands disposed of, accordingly. JUDGE Ambulkar.