1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2707 OF 2010 Makbul Ahmed @ Mulla Khan Abdul Majid Khan, Age-47 years, Occu-Business, R/o.Labour Colony, Dist. Latur APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicants. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 04/08/2010 PER COURT : 1. By the present application, the applicant has prayed this Court for his release on bail in connection with CR No.121/2010, registered in Gandhi Chowk Police Station, Latur, in which this applicant came to be arrested on 26/05/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. Truck bearing no.MP-07/AB-0762, driven by one Ramavatar on which one Rinku was working as a cleaner, was appeared to be 2 brought to the company run by the present applicant. This truck was sent to the present applicant on 12/04/2010 by one Munna S/o.Rajjak Patel, the Proprietor of Prince Roadways. Truck driver was enjoying liquor whole day without any meal and on that count, the incident was intimated to the Proprietor Munna Patel. Accordingly the incident was reported to the truck owner at Gwalior. Within meantime, considering the physical condition of Ramavatar, he was admitted in Civil Hospital, Latur. Two persons deputed by the owner of the truck, took away the truck alongwith Ramavatar and Rinku to Gwalior on 14/04/2010, and reached at Gwalior on 18/04/2010, where because of injuries sustained by Ramavatar, he was admitted in the hospital, and reported to be dead. Accordingly the incident was reported in Bahodpura Police Station at Gwalior, which Police Station send the copy of that report alongwith PM notes and other statement of witnesses for further investigation to Gandhi Chowk Police Station Latur, in which applicant was arrested on 26/05/2010. 4. Cause of death as per the post mortem notes is due to the injuries sustained by Ramavatar, while the papers of medical treatment provided to the Ramavatar in the Civil Hospital at Latur, do not indicate any injuries on his person at the time of his admission in the hospital on 12/04/2010, and at the time of his discharge from the hospital on 14/04/2010. If it is so, this applicant can not connected with the death of Ramavatar. The applicant is in custody for more than 60 days. So far as investigation in respect of 3 role of present applicant is concerned, is practically over. Hence further detention of applicant is unwarranted. In the result, application is allowed. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2707-10