1 CR.APL NO.1441/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 14. APPLN/1441/2011 DEELIP DIGAMBER SHANKARWAR [Criminal] V/S THE STATE OF MAH THR. PP with CRIMINAL APPLICATION NO. 1646/2011 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.N.Dhorde, Adv., h/f Mr. V.R.Dhorde, Adv., for the applicant. Mr. V.H.Dighe, APP for State. Mr. R.S.Shinde, Adv., to assist to A.P.P. ... CORAM: K.U.CHANDIWAL, J. DATE:19/4/2011 1. Heard Mr.R.S.Shinde, representing nephew of the deceased, desires to assist A.P.P., by separate application. Considering nature of the accusations, permitted. Application (No.1646/2011) allowed. 2. Heard (Criminal Application No. 1441/2011). The accused/applicant, a Deputy Superintendent of Police, on duty, allegedly assaulted Suresh Chaudhari, who was standing at the bank of his agricultural field, abutting the school where examinations were in progress on 27th Feb.,2011. The 2 CR.APL NO.1441/2011 accused/applicant, allegedly, felt aggrieved of his presence and called him, abused him and inflicted fist and kick blows, even allegedly assaulted on private part of said Suresh, aged 57 years, who later succumbed and expired. 3. The gravity of the matter and the fury created in the region made the Government to entrust the investigation to State C.I.D. The concerned officer is present in the Court. 4. Mr.Dhorde, learned Counsel for the accused/applicant submits, post mortem notes illustrate that in any event, the death of the deceased though certain was not by any act of fist blows or kick blows or any assault. He had his natural death, as is opined by the Medical Officer in medical terminology "Post mortem findings suggestive of Death due to Atherosclerotic heart disease". This is certified on 16th March, 2011. 5. Perusal of the investigation papers illustrated, apart from complainant Yunush, Bhushan Nathu, Ramjan implicate the accused/applicant with allegation of 3 CR.APL NO.1441/2011 the assault to the deceased. 6. Primarily, no intention can be attributed to the accused/applicant to eliminate the deceased or to cause his fatal end. The accused/applicant was on duty, monitoring smooth conduct of examination and, in the situation, came across the deceased and the events. 7. Though investigation is in progress, the investigator has fear that the accused/applicant may influence the witnesses, however, for that purpose, custody itself is not the answer as care can be taken to ensure smooth investigation. 8. Learned A.P.P. is not in a position to illustrate any doubtful situation about the cause of death and about conducting the post mortem. He confirms that the post mortem affairs were videographed and re-examination of the report is under contemplation. The investigator is at liberty to do the investigation in the manner it is advised. However, custody in the matter, for the present, in the light of the above referred facts, is not 4 CR.APL NO.1441/2011 imperative. Hence order: ORDER (a) The accused/applicant Deelip Digambar Shankarwar be released in Crime No.18/2011 registered at Yawal Police Station, dist. Jalgaon, on his furnishing P.R. bond and surety in the sum of Rs.25,000/- ( Rs. twenty five thousand). (b) The accused/applicant, after his release, shall stay at Aurangabad, shall communicate his changed address to the investigator within fifteen days, shall cause his attendance to nearest Police Station on every alternate Sunday, till further orders. (c) If specifically communicated, on mobile, through message or, by a letter, the accused/applicant to attend the investigator at C.I.D., Jalgaon, and for that purposes, the condition referred above, shall be treated to be relaxed. (d) The accused/applicant shall not directly, indirectly induce, coerce, cause threats to the witnesses involved. 5 CR.APL NO.1441/2011 (e) The accused applicant shall comply the conditions laid down in Section 437(3) Cr.P.C. viz. (i) the accused/applicant shall not commit an offense similar to the offense of which he is accused, or suspected, of the commission of which he is suspected. (ii) the accused/applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. Application (No.1441/2011) allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/1441-11crapl