IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4698 OF 2008 CRIMINAL APPLICATION NO. 4698 OF 2008 CRIMINAL APPLICATION NO. 4698 OF 2008 1. Ajay Arun Dabhade, 2. Shivaji Shahaji Dabhade, 3. Madhukar Ganpat Dabhade, 4. Appasaheb Yuvraj Bagal, 5. Ganesh Vithal Bote, 6. Shahaji Ganpat Dabhade, 7. Vijay Arun Dabhade ...Applicants (Orig.Accused) vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicants. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 7, 2009 DATED : JANUARY 7, 2009 DATED : JANUARY 7, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants have been arrested in connection with an offence punishable under Sections 302, 147, 148, 149, 324, 323, 504 which is registered with the Vairag Police Station, Solapur, vide C.R.No.110/2008. 3. Prosecution case is that there was an - 2 - altercation between the two groups of the same village for a minor incident of abuses being given by the complainant to the applicants. According to the applicants, the complainant and other members of his group initially assaulted the applicants. A contrary version has been given by the complainant and others. A complaint and a cross-complaint had been registered against both these groups. On the complaint lodged by the applicants, some of the persons of the group of the counter complaint filed by the complainant were arrested and were released on bail, however, two persons are still in jail. In the present case, the allegation against the complainant is that they assaulted one Shivaji Sangolkar and gave him fist blows as a result of which he became unconscious and subsequently died. The post mortem notes indicate that no injuries were found on the person of the deceased and the cause of death which is given by the Doctor "Cardiac arrest due to old cardiac disease however viscera preserved for chemical analysis". The post mortem notes also indicate that there was old surgical scar seen over chest parallel to the sternum. Since the cause of death is not due to the - 3 - injuries but due to old cardiac disease, it cannot be said that the deceased died due to the assault by the applicants. Under these circumstances, therefore, prima facie provisions of Section 302 are not attracted in this case. A charge-sheet has been filed. The applicants are already behind the bars for a period of four months. Under these circumstances, therefore, this is a fit case for grant of bail. 4. The applicants be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. The applicants, however, shall report to Vairag Police Station, Solapur, once in a month. 5. Needless to state that the trial court shall not be influenced by any observation made by this Court while granting bail to the applicants since it is of prima facie nature. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)