(1) CRI.APP. 3888.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3888 OF 2010 Kiran Ashok Sonawane Age : 26 years, Occu.: Driver, R/o : Mahadeo Galli, Erandol, Tq. : Erandol, Dist. : Jalgaon .. Applicant VERSUS The State of Maharashtra (Copy served on the Public Prosecutor, High Court Bench at Aurangabad) .. Respondent ... Mr. Joydeep Chatterji, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is driver of a taxi vehicle called "Kali Pili" in terms of the language used in rural area. The FIR purports to show that in the relevant evening of August 16, 2010 the deceased had gone to attend the funeral ceremony at Parola alongwith one Himmat Jayaram Patil. Both of them (2) CRI.APP. 3888.2010 boarded in the taxi jeep vehicle of the applicant at Parola in the noon and alighted at Nandgaon phata at about 5.00 pm. There was a quarrel between the applicant and the deceased on account of the payment of transportation charges. The applicant assaulted the deceased-Subhash and said Himmat Patil on account of non-payment of agreed amount of fare. The victim, Subhash was injured due to the assault and fell down at the place of intersection on the road. The informant, who happens to be his brother, shifted injured-Subhash to private hospital of Dr. S.C. Patil at Erandol. In the next morning, injured-Subhash complained of severe pains and, therefore, was treated further. The private Medical Practitioner examined the sonography report which was obtained in that morning and referred injured-Subhash to the Civil Hospital for operation. He was rushed to the Civil Hospital, Jalgaon and was operated. He died in the evening of 18th August, 2010 while he was under medical treatment in the Civil Hospital. 3. Heard learned Advocate for the applicant and learned APP. (3) CRI.APP. 3888.2010 4. Perused the investigation papers. The cause of death of deceased-Subhash is reportedly "cardio respiratory arrest". It appears that the cardio respiratory arrest was result of shock caused on account of septicemia. It prima facie appears that deceased Subhash was given kick and fist blows on the abdomen and, therefore, the internal organs were damaged. Notwithstanding the operation conducted at the Civil Hospital, the injured-Subhash breathed last in the evening. The very fact that septicemia was developed is indicative of some prognosis which occurred after the operation. In other words, the death of deceased-Subhash may not be direct result of the assault mounted by the applicant. It may be only contributory cause of the death which is the result of medical complications which had been noticed after the intestinal operation. Secondly, the applicant was not armed with any weapon at the relevant time. The incident occurred at spur of moment and as a result of exchange of heated words due to the non- payment of the fare payable to the applicant. One (4) CRI.APP. 3888.2010 cannot be oblivious of the ground realities of the life. It is of common experience that the rustic persons, who earn the daily bread by doing manual work or doing the work as a driver of taxi vehicle, may get flared due to non-payment of transportation fare. In heat of anger the applicant appears to have exceeded the limits while giving fist and kick blows on person of the deceased. It is also explicit from the record that the applicant was a single person against whom deceased Subhash and Himmat Patil were quarreling. It appears that the applicant was pitted against two of the passengers including the deceased. 5. Considering these aspects, the material on record does not prima facie make out a case to infer culpability of the applicant for offence punishable with death or imprisonment for life. 6. In the result, the Application is allowed. The applicant is directed to be released on bail on condition of furnishing of bail bond in sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety bond in the like sum to the (5) CRI.APP. 3888.2010 satisfaction of the Court of Sessions and on further condition that he shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp