1 Cri-A-5670-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5670 OF 2010 Naeem Abbas Shaikh ... Applicant vs. The State of Maharashtra ... Respondent Ms. Deepa Matwankar,Advocate, for the petitioner. Smt. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 28th January, 2011. 1. Heard. 2. The applicant seeks to be released in Crime No.482/2010 for the offences punishable under Sections 302, 323, 324 and 504 of IPC registered with Nashik Road Police Station. 3. Prosecution case, in brief, is that on 8.7.2010, the present applicant began to abuse the deceased Anil Madhukar Salve in filthy language. When he objected and asked reason for abusing, the accused abruptly kicked on the leg of the deceased and felled him on the ground. Thereafter, for about 15 to 20 2 Cri-A-5670-10.sxw minutes, he gave forceful kick blows on his abdomen. When the brother of the deceased came there, the applicant ran away. After the incident, the applicant was taken to a private doctor, who gave him some medicines and then he was taken back to his house. However, during the following night, he felt severe pain and therefore he was taken to Bytco Hospital, where he was under treatment. The report of the incident was lodged on 9.7.2010. On 15.7.2010, he was transferred from Bytco Hospital to the Civil Hospital, where he was operated upon. After the operation, on 16.7.2010, he died in the Civil Hospital. Post-morterm report reveals that he had died due to Septicimic Shock due to abdominal polytrauma. 4. The learned Counsel for the applicant contends that the accused had not used any weapon and it is a simple case of beating and, therefore, bail should be granted. On the other hand, the learned APP pointed out that the accused appears to be a habitual criminal because prior to the incident also, two cases under Sections 392 and 394 of IPC were pending against him. Besides this, it appears that though he did not use any weapon, he felled the deceased on the ground and then mercilessly stamped on the abdomen with forceful kick blows for about 15 to 20 minutes, which caused abdominal polytrauma resulting into death. 5. Taking into consideration the manner in which the death was caused, 3 Cri-A-5670-10.sxw I am not inclined to grant bail. 6. The Application stands rejected. However, the trial Court shall expedite the trial and dispose of the same within six months from this day. (J.H.BHATIA,J.)