1appln-5335-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 5335 of 2010 Bhagwan Brijnath Singh ... Applicant vs. State of Maharashtra ... Respondent. Mr Amin Solkar i/by Sunil Singh, for the Applicant. Mr K. V. Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 12TH JULY, 2010. P.C.:- 1. Heard rival submissions at length on this application preferred by the applicant for regular bail. The applicant along with co-accused, are facing the charges for the offence punishable under Section 302, 504,506, r/w 34 of I.P.C. 2. Initially, the F.I.R. was lodged by the deceased, then he was alive, on 5.9.2009 for the offence of assault on him by the applicant by means of slap of hand. Allegation is made against the co-accused as to use of iron rod and beating the complainant on his right knee causing fracture injury. Admittedly, in the F.I.R. which was initially registered for the offence punishable under Sections 452, 325, 2appln-5335-09 504,506 and read with section 34 of I.P.C. when the complainant reached the police station on that night. According to him, present applicant and co-accused were earlier present there and he identified them as the assailants and then they were put under arrest. The applicant and co-accused, his son were released on bail on 6th September,2009 i.e.,after two days of the incident. 3. While under treatment, at the hospital, the complainant died and apparently as per the contents of the post mortem report there are certain injuries on back of the deceased and abdomen coupled with the fracture injury of right knee bone and knee joint. Viscera has been preserved for Chemical Analysis and “Final Diagnosis”, as to cause of death, is reserved. As such the complainant died after about four days of the alleged incident of assault, offence punishable under Section 302 of I.P.C.was applied against the present applicant and co-accused and both of them were taken in custody and since then they are in custody. 4. During the arguments, learned Advocate Shri Amin Solkar for the applicant pointed out the contents of the statement which is at page 108 annexed to the present application and submitted that applicant and his son had already reached the concerned police station on the relevant night in order to give information regarding the same accident occurred on the road and in which the person who was chasing the applicant and his son on the road on that night got injured in some scoooter accidcent and sustained some injury to his leg. At this juncture, it must be mentioned that even according to the first informant earlier injured – since deceased, both the accused including the present applicant, were already present at the police station and this prima facie supports the submission on behalf of the applicant that he and his son had been to police station. 3appln-5335-09 5. Considering the above circumstances and considering that the role of using iron bar is assigned to the co-accused and considering that the deceased died after four days while under treatment and considering the custody of the present applicant nearly for about ten months, the present application can be allowed on certain conditions. In the result, the following order:- ORDER: (a) Bail application No. 5335 / 2009 is allowed. (b) The applicant, arrested in C.R. No. I-258/2009 registered with Dombivli Police Station, shall be released on bail on executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount. © On availing the bail the applicant shall attend concerned police station once in a month on every first Sunday between 10-00 a.m., to 12.00 noon till conclusion of the trial. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (e) Application is disposed of in terms of this order. (A.R.JOSHI,J)