jpc ba635.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 635 OF 2011 Dharmendra Jagiram Yadav and another ... Applicants Versus The State of Maharashtra ... Respondent Mr. V. K. Singh a/w Mr. A. K. Upadhyay for the applicants Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 11th July, 2011. P.C. : 1. Applicants and one Dilip are the accused in C. R. No. 432 of 2011, registered with Ghatkopar Police station which is in respect of an offence punishable under Section 302, read with Section 34 of the Indian Penal Code. The applicants and the said co-accused Dilip, are brothers. 2. I have heard Mr. Singh, the learned Advocate for the applicants and Mr. Saste, the learned APP for the State. 3. I have gone through the bail application and the annexures thereto. The first information report has been lodged by Sunil Rajnath Yadav, which mentions about the incident dated 11th September, 2010, jpc ba635.sxw 2 that the applicants and said Dilip assaulted Sunil's father- Rajnath Yadav. It appears that Dilip had pressed the neck of Rajnath, the applicant Dharmendra had given fist blows to him and applicant Sanjay had held the legs of Rajnath. It, however, appears that fight was got stopped on the intervention of some other persons and Rajnath was rescued. Rajnath, then abused the applicants and Dilip, and went inside the house of a neighbour- Rajesh- apparently for searching some object for beating the applicants and the third accused. At that time, the said Rajnath collapsed. He was then taken to the Hospital but was declared dead before admission. 4. The First information Report came to be lodged after a week i.e. on 18th September, 2010. Apparently, it was lodged after medical opinion that Rajnath died due to pressing of neck was obtained. In the postmortem examination, the cause of death was not given with certainty and it was reserved, pending Histropathological examination. It is only on 10th June, 2011, i.e. after about 9 months, that the final opinion about the cause of death is given. It is opined that the death has been caused due to 'strangulation'. Copy of the postmortem examination report, containing this opinion has not been supplied to the applicants. A Copy of this report is tendered just now, to this Court by the learned APP. jpc ba635.sxw 3 5. The applicants are in custody since September, 2010. There are no antecedents. The trial has not yet commenced. 6. Though there are many aspects which would need consideration, one of the significant aspects is that the applicants are not alleged to have pressed the neck of the deceased Rajnath. Considering this and all other relevant aspects of the matter, I am inclined to release the applicant on bail. 7. The application is allowed. 8. The applicants are ordered to be released on bail in the sum of Rs.40,000/- (Rupees forty thousand only ) each, with one surety in like amount or two sureties in the sum of Rs. 20,000/- each. (A.M. THIPSAY, J.)