1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.2285 OF 2009 IN CRIMINAL APPEAL NO.313 OF 2009 Ananda s/o Mariba Kature & others ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENTS ..... Shri P.R. Katneshwarkar, Advocate with Shri S.P. Katneshwarkar, Advocate for the applicant Shri B.J. Sonawane, A.P.P. for the respondent/State ..... CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 23RD JULY, 2009. ORAL ORDER : 1. Heard learned counsel for the applicants and learned A.P.P. for the respondent/State. 2. Perused the original record and proceedings more particularly evidence of P.W.2 Vilas, pillion rider and P.W.5 Dr. 2 Ashok Mundhe, who conducted the post mortem of the deceased, post mortem report and other relevant documents. We have even gone through some of the relevant paragraphs of the judgment to ascertain the reasons adopted by the trial Court for convicting and sentencing the applicants for a serious offence of murder. The deceased was going on a motorcycle along with P.W.2 Vilas, pillion rider. They fell in a ditch which happens to be near the house of the accused. There was some altercation between them. According to the pillion rider, the accused Ananda lifted the deceased twice and threw him on the ground. Accused No.3 was abusing and accused No.2 was pulling his legs. The post mortem report shows two external injuries i.e. abrasion 1 x 1 cm. on right elbow and also abrasion on right liver 1 x 1 cm. The cause of death is respiratory arrest due to ischemic heart disease. The medical officer opined that if a person might be already under hypertension or having some disease, he may land into cardiorespiratory arrest due to such incident. The doctor found changes in the heart muscles of the deceased, but further opined that the death did not occur due to internal bleeding injuries. Shri Katneshwarkar, learned counsel for the applicant, therefore, submitted that the applicants were on bail during trial. They have not violated conditions of bail. They are labourers/ 3 agriculturists and poor persons. The incident was not premeditated. Neither any intention could be attributed to the applicants for committing a serious crime punishable under Section 302 of the Indian Penal Code. 3. Learned A.P.P. submitted that the death could be caused due to the conduct of Ananda in lifting the deceased twice and throwing him on the ground. According to learned A.P.P., the cardiorespiratory arrest could be one of the fall out of the conduct of Ananda. Therefore, the learned A.P.P. resisted the bail application, more particularly of Ananda on this ground. Considering the evidence brought on record, the nature of incident occurred and the fact that the applicants were on bail during trial, prima facie we are of the opinion that the applicants could be released on bail pending hearing and final disposal of this Appeal by putting certain conditions which the applicants undertake to abide by. Hence, we pass the following order : O R D E R 4. The criminal application is allowed. The applicants be released on bail on furnishing P.R. bonds in the sum of Rs.25,000/- each with one or more sureties in the like amount . The 4 applicants shall attend Basmathnagar Police Station once in a month for a period of six months. In case the applicants violate the conditions of bail or try to threaten the prosecution witnesses, the State is at liberty to apply for cancellation of bail. Criminal Application stands disposed of. Record and Proceedings be sent back to the trial Court. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) fmp/cri2285.09