{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4245 OF 2009 Shivaji s/o Kashinath Burse Age-35 years, Occ-Service R/o Jambarkheda, Tq-Vaijapur, Dist-Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.K.Barlota, Advocate for applicant Mr.N.B.Patil, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 14 th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.49/2009 registered with Shivur police station for an offence punishable u/s 302, 324 r/w 34 of the Indian Penal Code, as now the investigation is over and the charge sheet is filed and thereafter the case is committed to the Court of Sessions and numbered as Sessions Case No.333/2009. {2} 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the compliant of one Dnyaneshwar Narode, who is brother in law of the victim, Baban Jadhav. The alleged incident took place in the evening of 16th June 2009. It is alleged that victim, along with his brother in law and two others, had been to the Dhaba of the applicant, where there was dispute in respect of calculation of bill. Due to said dispute, exchange of words took place between the parties. During the said quarrel, applicant and two waiters caught hold of the victim and beat him. Associates of the victim ran away, however, the victim could not succeed. After initial slapping, the victim ran towards one field, where he was chased by applicant, his wife and two waiters. At that time, it is alleged, the applicant was holding an iron rod in his hands. After some time of the chase, hue and cry were heard. Thereafter, dead body of the victim was found in a well pursuant to that the complaint came to be lodged. It is informed that the applicant is taken by the police on 17.06.2009 and came to be arrested on 18.06.2009 and since then he is in jail. It is urged that there is no evidence in respect of role played by the applicant, which caused death of the victim. According to learned counsel for the applicant, this is a case of circumstantial evidence and the circumstances, cannot point out that the applicant may be responsible for the death of the victim. It is urged that on the ground of parity, as the waiter, Deewan is {3} released on bail, the applicant be released on bail. 4. While opposing the bail application, it is urged by learned APP that the ground on which waiter Deewan was granted bail, cannot be treated as parity to the applicant. As it is alleged in the complaint that the applicant had chased the victim and at that time the applicant has holding an iron rod in his hands whereas Deewan was only chasing the victim. So far as statements of other witnesses are concerned, they have stated that the victim took meal at the said Dhaba. Iron rod is recovered at the instance of the applicant and hence it is urged that the application be rejected. 5. Considering the rival submissions and perusing the PM notes, and cause of death, where it is stated that the cause of death is due to cardio respiratory arrest due to asphyxia due to drowning, it is clear that though there were multiple injuries on the person of the victim, yet the death was not resulted due to same, as the death is caused due to cardio respiratory arrest due to drowning. Considering the fact that though the victim was chased by the applicant with iron rod in his hand and the fact that multiple injuries found on the person of the deceased, yet, ultimately, the death is not caused due to same. In the premise, there is no direct nexus between the role played by the applicant and the cause of death shown in the death certificate and hence prima facie case is made out to release the applicant on bail. {4} 6. In the result, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount. The applicant not to leave the local jurisdiction of Aurangabad Sessions Court, without prior permission in writing either from the IO concerned or from the concerned Additional Sessions Judge. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4245-09