IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 960/2009 Raju Balwant Meshram vs. The State of Mah. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 17 th APRIL, 2009 Heard Shri Mohta, Advocate, for the applicant and Shri Mandpe, APP, for respondent State. By this application under Section 439 of Cr.P.C , the applicant is claiming bail. He was earlier accused of the offence under Section 324 of the I.P.C. in Crime NO. 68/2008, of Police Station Ramdaspeth, Akola. He was, however, later on booked for the offence under Section 302 of the IPC as the deceased died in June, 2008. The death of the deceased as appears from the P.M.note is septicemia due to bilateral pleural effusion. The death was occurred after about 2 months from the incident. Learned APP has relied on the opinion of the Medical Officer dated 28.8.2008, wherein it was opined that the instrument sent for medical examination, could cause the relevant injury and the said injury was sufficient to case death in the ordinary course. Despite such injury, the offence was not registered under Section 307 of the I.P.C., but fact remains that the death had occurred after two months from the incident and this opinion was sought even thereafter. In these circumstances, as the applicant was on bail for the offence under Section 324 of the IPC, bail can not be refused. However, it would be subject to conditions. The applicant be released on bail on furnishing surety and P.R.Bond of Rs.25,000/- subject to conditions that he shall attend the trial regularly and shall report at Police Station Ramdaspeth, Akola, on every Sunday of each month until further orders or the trial is over. Bail in lower Court. Application disposed of. It is made clear that above observations are in prima facie view of the matter. The same shall not influence the learned trial Judge while deciding the matter on merits. Hamdast granted. JUDGE Rvjalit