1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3009 OF 2010 Rupesh S/o.Ramesh Tanpure, Age-26 years, Occu-Agriculture, R/o.Manori, Taluka Rahuri, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 17/08/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.111/2010, registered in Rahuri Police Station of Dist. Ahmednagar, in which the applicant was arrested on 12/04/2010. and after completion of investigation, charge sheet was filed on 21/06/2010 in the Court of J.M.F.C. Rahuri and numbered as RCC No.135/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 3. It revealed from the post mortem notes that there were total 24 external injuries found on the person of deceased, in which injury no.8 is a surgical wound, while remaining injuries are anti-mortem injuries. The nature of all these injuries indicate that there is abrasion all over the body and it is to be read with the corresponding internal injuries and the cause of death. Probable cause of death as per the report of post mortem is death due to polytrauma i.e. Multiple injuries and the bleeding sustained by the deceased. Thus one fact is clear that the death of the deceased is un-natural. Whether the death of the deceased is accidental or homicidal, it is to be decided by the Trial Court after giving an opportunity to both the sides. 4. It appears that the said offence was registered on the complaint of brother of deceased by name Balasaheb Pote. Perusal of the complaint itself demonstrates that the complainant is not the eye witness to the incident, but he had received information about the incident from one Gorakh alias Satish. It appears that during the investigation, statement of this Gorakh alias Satish was recorded. It transpired from his statement that on 11/04/2010, around 6.30, when he was proceeding to the agricultural field of deceased Changdeo, the tractor, driven by the present applicant, came behind the motor bike driven by the deceased and gave dash to the rear side of the motor bike. In the result, the deceased fell in the adjacent ground-nut field and the pillion rider Changdeo was crashed by the tractor driven by the present applicant. The tractor was with trolly 3 which is filled with sand. Some 2-3 labourers were also travelling in the said trolley, whose statements were recorded during investigation. Those statements supported the statement of Satish that Changdeo was crashed below the tractor driven by the present applicant. 5. During the course of submissions across the bar, it is urged on behalf of the applicant that there is political rivalry between the applicant and deceased. Due to that there are allegations about the intention to cause death at the hands of present applicant, as alleged by the complainant. Considering the first spot panchnama, it revealed that the the incident occurred on the road leading to the agricultural field of the deceased. The road is rough as well as narrow road. Secondly the nature of injuries found on the person of deceased, as noticed in coloumn no.17 of the post mortem notes, is to be considered in the light that when the body of the deceased came below tractor and the trolly filled with sand, then the nature of the injuries might be different and the deceased will succumbed to injuries at the spot only and will not survive for some time. It transpired from the statement of the complainant as well as other witnesses that after the incident was reported by Satish to the family members of Changdeo, they reached at the spot, and shifted Changdeo initially to the Nursing Home at Rahuri Sugar Factory. After initial treatment, at about 8.30 p.m., he was shifted to Pravara Hospital, which is situated at about 30 kms from the Nursing Home at Rahuri, and in that night itself, he succumbed to injuries, which itself indicates that the death of the deceased was not due to crash 4 injuries as there is no such injuries on the body of the deceased. According to learned counsel for applicant, considering this scenario coupled with the statement of eye witnesses, it is doubtful, whether it is an intentional act at the hands of present applicant or it is a sheer case of accident. In the premise, it is urged that considering the period, the applicant has undergone and as now the investigation is over and charge sheet is filed, the applicant be released on bail. 6. While opposing the bail application, it is urged by the learned APP that considering the nature of injuries found on the person of the deceased, it is to be inferred that the dash to the motor bike of Satish at the hands of present applicant is an intentional dash because of civil dispute between them as well as there is political rivalry between the parties, as the deceased was Up-Sarpanch of said village. 7. Bearing in mind these submissions and on considering the report of the inspection of the vehicle, the fact is clear that no damage was caused to the rear side of the motor bike, to which the dash was given by the present applicant. This circumstance itself indicates that even though the motor bike and the tractor came in contact with each other, but it can not be inferred at least at this stage from the documents on record that, it is an intentional act on the part of applicant. Considering this situation and the nature of injuries found on the person of deceased, at least at this stage, it is very difficult to digest that the act of the present applicant is 5 intentional one to kill the deceased. In the result, as now the investigation is over, case is made out to enlarge the applicant on bail, but on certain conditions. Hence, application is allowed. Applicant be released on bail on furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount. After released on bail, applicant not to contact with prosecution witnesses. Applicant also to report Rahuri Police station on 12th day of each month till final disposal of trial against him. Application stands disposed of accordingly. 8. Observations made in this order are based on the papers of investigation till carried out. Learned Trial Court not to influence with these observations while deciding the trial against applicant in this crime. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.3009-10