[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO. 2134 OF 2008 Rakesh Rajaram Jadhav ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.K.S.Patil Advocate for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 10, 2008 DATE : JULY 10, 2008 DATE : JULY 10, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in CR No.40 of 2007 of Chaturshingi Police Station, Pune. The said case is under Section 302 of IPC. 3. The case of the complainant who is the wife of the deceased Anil, is that applicant beat her husband on the head with cement brick and co-accused Babu Vitkar caught hold of hair of her husband and beat the head of her husband on the wall. The complainant’s husband Anil has stated in his statement that co-accused Babu Vitkar caught hold of his hair and applicant beat on his head with cement brick. Initially the case was [-2-] registered under Section 324 of IPC and the applicant came to be granted regular bail. After five months of the incident, Anil died and the case was converted into Section 302 of IPC. Hence, the applicant is seeking anticipatory bail. 4. Anil has stated that in all four persons have assaulted. Investigation in the said case is over and the charge sheet is filed. Looking to the fact that the Anil died five months after the incident, I am of the opinion that now the custody of the applicant is not necessary. Hence, I am inclined to grant anticipatory bail to the applicant. 5. In the event of arrest, the applicant-Rakesh Rajaram Jadhav to be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Chaturshingi Police Station, Pune once in a fortnight till the conclusion of trial. 6. Application disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]