IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1558/2008 Prabhakar Govinda Chavan and 2 others vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 6 th May, 2008. Heard Shri R.S.Janbandhu, Advocate, for the applicants and Smt. Khade, A.P.P. for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant along other accused have been arrested for the offence punishable under Sections 302, 143, 147, 148, 149 of the I.P.C. arising out of Crime No. 75/2007 of Police Station Dhanora. It appears from the P.M. report that the death of the deceased was due to asphyxia due to throttling. However, the allegations against the applicants seems to be of beating to the deceased. The P.M report further points out some abrasion and other injuries on the person of the deceased, but they do not precisely refer to the throttling. The F.I.R. was lodged by Ramdas Chintaman Sayyam, who is none less than the father of the deceased. He has stated that his wife had told him that accused persons and others had beaten the deceased by stick, by hands & legs blows and also by deadly weapons. It is stated by him that his wife had seen the incident of actual beating, but she did not intervene because of fear. However, despite this, it is stated in the report by him that he had searched his son on 20.12.2007 & 21.12.2007 and thereafter on noticing the dead body in the tank, he lodged report on 22.12.2007. In these circumstances, the explanation as regards delay was sought. However, the learned A.P.P. is unable to point out any satisfactory explanation. The case against the applicant is appears to be of thick suspicion as regards causing death of the deceased. But then considering the fact that the charge sheet has been filed, the bail cannot be refused, as there are no allegations of previous bad criminal antecedents. In these circumstances, applicants be released on bail on furnishing Surety and P.R.Bond of Rs. 25,000/- each, subject to conditions that they shall attend the trial regularly and shall not commit any offence in future. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter of merits. Application stands disposed of. Hamdast granted. JUDGE Rvj