1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 768 OF 2010. PRAKASH RATAN CHAUHAN VS STATE OF MAHARASHTRA. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R. M. Daga, Advocate for the applicant. Shri S.S. Doifode, APP for State respondent. Coram : A.H. JOSHI, J. Date : 17th JUNE, 2010. 1. This is an application for regular bail. 2. The accused Prakash is one amongst three accused persons named in the First Information Report in Crime No.93 of 2009 of P. S. Chandur Railway. 3. The accused Sau. Baby W/o Manik Rathod is already released on bail in Criminal Application No.3298 of 2009. 4. Heard learned Advocate for the applicant and learned APP for respondent State. 5. Perused the documents accompanying the charge-sheet. 6. It is seen from the FIR that Dnyaneshwar Jadhav gave blow of axe on head of victim. Axe blow 2 is also attributed to applicant, however, injury and location thereof has not been specified. 7. Admittedly, there was a cross case at the behest of present applicant under Section 324 of the Indian Penal Code. 8. Perusal of injury certificate discloses that the deceased suffered incise wound on his head which noted as a suspected fracture and the description of injury is 5 cms x 1 cm incise wound. 9. It is seen from notes of postmortem examination that there are three injuries suffered by the deceased. 1st injury is head injury as noted in the 1st injury certificate which is on vital part. Other two injuries are described as black coloured Scabs. These two injuries are not on vital organs/parts of body and are apparently injuries which have healed. 10. If the version of the prosecution witnesses as stands now is considered, the head injury is attributable to Dnyaneshwar Jadhav. 11. The injuries attributable to the applicant Prakash turn out to be minor injuries, and not those which are possible by axe. 12. In these premises, prima facie, it may not be possible to believe that the offence of murder is attracted to the applicant. Therefore, the applicant 3 is entitled to be released on bail. 13. The applicant be released on furnishing personal bond and solvent surety in the sum of Rs.10,000/-. He shall not leave the Chandur Railway except for attending Police Station or Courts, without permission of the Sessions Court and shall not tamper with the prosecution witnesses. Judge |mule|