jpc ba-665-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 665 OF 2011 Sarang Rama Bhoir ... Applicant Versus The State of Maharashtra ... Respondent Mr. Rajendra Shirodkar, for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 29th June, 2011. P.C. : 1. Heard Mr. Shirodkar, the learned advocate for the applicant and Mr. Saste, APP for the State. 2. On the last date of hearing, the Investigating Officer was directed to produce relevant case papers, including inquest pancha- nama and the original report of the postmortem examination. Investigating Officer is absent today. However, Mr. Shirodkar, the learned Advocate for the applicant has produced a copy of the inquest panchanama from the copy of the charge sheet, that had been supplied to the applicant. The copy is taken on record. 3. The main contention advanced by Mr. Shirodkar is about the nature of the offence which the applicant appears to have jpc ba-665-11.sxw 2 committed. It is submitted that no weapons were used in the assault and that admittedly, the assault was only by means of fist and kick blows. It is also submitted that the applicant ran away as soon as he saw the first informant and the wittinesses. Mr. Saste, the learned APP submits that clearly the death has been caused because of the assault and that therefore, the offence allegedly committed by the applicant, would be of murder, punishable under section 302 of the Indian Penal Code. 4. Undoubtedly, it cannot said that 'because the assault was only by fist and kicks and without any weapons, the case would not be of an offence of murder'. However, what is necessary to see in such a case is, whether the requisite intention or knowledge can be, prima facie and reasonably, attributed to the culprit. In the instant case, there is nothing to indicate that the assault was of ferocious nature. No external injuries were found on the dead body. This is clear from the notes of postmortem examination as well as the inquest panchanama. 5. Undoubtedly, the cause of death has been opined to be "Death due to haemorragic shock due to rupture liver". Thus, though the death appears to have been caused as a result of the assault, in my opinion, the nature of offence, which the applicant is jpc ba-665-11.sxw 3 alleged to have committed, would need consideration during the trial. 6. The applicant is in custody since 15th December, 2010. In the ordinary course , the trial can not expected to be over within a short time. There are no antecedents. Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail. 7. The applicant is ordered to be released on bail in the sum of Rs.50,000/-(Rupees fifty thousand only) with one surety in like amount or two sureties in the sum of Rs. 25,000/- each, on the condition that he shall not contact, meet or approach any of the prosecution witnesses, in any manner whatsoever. 8. The trial Court is directed to expedite the trial and endavour to complete it within a period of one year from today. (A.M. THIPSAY, J.)