1 CRI.APP.NO.1673/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1673 OF 2009. 1. Pradipsingh s/o Ganpatsingh. 2. Usha w/o Pradipsingh Kachwah. ...Applicants. Versus The State of Maharashtra ...Respondent. ... Mr.V.N.Damle, Advocate for the applicants. Mr.N.H.Borade, APP for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 9th July,, 2009. COURT'S ORDER: 1. The applicants are seeking bail in Crime No. 30/2009 registered at Chhawani Police Station, Aurangabad. 2. The applicants are accused of committing murder of deceased Shamsingh, the brother of applicant No.2. Deceased Shamsingh was residing with the applicants. 2 CRI.APP.NO.1673/2009. He was taken to hospital on 13th of November, 2007. He was suffering from pain and giddiness etc. but no sooner he reached hospital, he succumbed. The post- mortem report revealed that deceased Shamsingh had sustained number of injuries and the cause of death was certified to be, "multiple contusions, lacerated wounds over both lower legs and fracture of right tibia at lower one third.” 3. Since the deceased was staying in the house of the applicants, they were arrested. The prosecution evidence suggests that during the night of 12th November, 2007, the neighbours noticed and heard Shamsingh's cries. He was being assaulted by the applicants. It has also come on record that Shamsingh was habituated to drinking and was not doing any work. He was about 50 years old and it seems he was a nuisance to his family members, the applicants. The material on record, a mention of which is made above clearly indicates that it was the applicants who beaten up the deceased during the previous night and probably they are the authors of the multiple injuries that were noticed on the person of deceased Shamsingh, during the post-mortem examination. But can it be said that the applicants knew that their assault would result into Shamsingh's death. The answer is in negative. Shamsingh did not succumb to these injuries immediately. During the night he 3 CRI.APP.NO.1673/2009. remained alive. He on his own, went up to the public toilet in the locality. Here, for the first time Shamsingh collapsed and thereafter he was taken to the hospital. 3. The applicants, thus have a strong defence. The applicants, in my view are entitled to bail. The application is allowed. (i) The applicants are released on bail of Rs. 10,000/- (Rs.Ten Thousand only) with one surety in the like amount. (A.V.NIRGUDE,J.) lkp.