- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2968/2010 Dilip s/o Sudamrao Borawake, age 42 yrs., occu.agri., r/o Borawake Vasti, Padegaon Tq.Shrirampur Dist.Ahmednagar. ...Applicant.. Versus The State of Maharashtra. ...Respondent... ..... Smt.S.S. Jadhav, Advocate for applicant. Shri P.P. More, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 11.08.2010 PER COURT: 1] By the present application, the applicant has approached this Court to be - 2 - released on bail in connection with Crime No.35/2010 registered with Taluka Shrirampur Police Station of District Ahmednagar in which the applicant came to be arrested on 3.5.2010 in which after completion of investigation, charge-sheet was filed in the Court of JMFC, Rahata, on 9.7.2010. After all the attempts of the applicant to get released on bail by the lower Court became unsuccessful, now he is before this Court for his release on bail. 2] Heard counsel for the applicant and the learned APP for the State. Also perused the papers of investigation till carried out. 3] It appears from the papers of investigation that the said offence came to be registered on the complaint of daughter of the deceased Dattatraya Narayan Borawake about the incident, which took place in the afternoon of 3.5.2010 wherein it is alleged that the applicant, who is the nephew of the deceased, had come in front of the house of the deceased, abused him as daughter of the deceased had performed inter caste marriage and because of that, there was some altercation of words during that process. It is alleged that the applicant gave kick and fist blows on the chest of the deceased Dattatraya. He also pressed the neck of the deceased in which the deceased became unconscious. When he was admitt5ed in the hospital of Dr.Bankar, he reported that now the medico is not getting the pulse of the deceased and this incident was reported to the Police. It appears that thereafter Dattatraya died. - 3 - 4] In the said incident, the said applicant came to be arrested on 3.5.2010, which is not under dispute. 5] During the course of submissions across the Bar, it is alleged that the marriage of the daughter of the deceased took place four years before the alleged incident occurred. The applicant and the deceased along with his family members were residing in the agricultural land owned and possessed by the applicant as well as the family of the deceased. It is also contended across the Bar that initially after the autopsy was conducted on the dead body of the deceased, probable cause of the death was reserved by the medical officer, who had conducted autopsy on the dead body of the deceased. Certain organs particularly the heart and spleen of the deceased were referred for the histo pathological test and which report is now made available. By pointing the observations of the microscopy during the histo pathological test about the examination of the heart of the deceased, it is opined by the pathologist concerned, who conducted histo pathological test on the heart of the deceased, that there was heart ailment to the deceased and because of that, internal artery of the heart of the deceased was blocked and that may be one of the reasons for causing the death of the deceased. 6] It is also urged across the Bar that considering the way and manner in which the incident occurred, it can not be said that it is a pre-planned assault causing the death of the deceased. Now the investigation is over. The applicant prays for his - 4 - release on bail. 7] While opposing the bail application, it is urged across the Bar by the learned APP for the State that the statements about the alleged incident, as projected in the complaint, are supported by all the witnesses who have witnessed the incident including the family members of the deceased and considering this aspect and the report of the injuries, which were found on the person of the deceased, thereh is direct nexus between the death of the deceased and the acts at the hands of the present applicant. 8] Considering these submissions across the Bar, presence of the applicant and assault by him on the deceased can not be disputed. A question is required to be considered in this bail application as to whether the assault is pre-planned or act of the applicant is pre-meditated. Even if all the statements recorded during investigation are accepted, it can not be said that the act of the assault is pre- planned or pre-meditated. Considering this aspect coupled with report of histo pathology about the heart of the deceased sent for test also requires consideration as there were blocks in the artery in the heart of the deceased, which might have resulted into death of the deceased. Considering this aspect and now that the investigation is over, a case is made out to enlarge the applicant on bail on certain conditions. Hence, the following order. 9] The application is allowed. The applicant be released on bail on furnishing - 5 - solvent surety in the sum of Rs.25,000/- and on executing P.R. Bond in the like amount. After release on bail, the applicant shall not contact the prosecution witnesses. After release on bail, the applicant shall report to Taluka Shrirampur Police Station on each 15th and 23rd day of each month till the trial against the applicant stands finally disposed of. The application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr118102