1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2327 OF 2010 Somnath S/o.Madhav Barde, Age-25 years, Occu-Labour, R/o.Devlali Pravara, Tq.Rahuri, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicant. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 09/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 108/2010 registered in Rahuri Police Station, of Dist. Ahmednagar, in which he came to be arrested on 06/04/2010 and charge sheet was filed on 25/06/2010 in the Court of J.M.F.C. Rahuri and the case is numbered as RTC No.114/2010. 2. Heard learned counsel for applicant, learned APP for State. 2 Perused the papers of investigation till carried out. 3. Papers of investigation shows that victim, the husband of complainant by name Rajendra Sayaji Shelar was working as a wireman with Pravara Nagarpalika. It appears that during his duty, he noticed that some peoples who are from Uttar Pradesh, have tried to commit the electricity theft. Accordingly, he made the inquiries with those people as to why they are committing the theft of electricity. At that time, the present applicant came there and the quarrel took place. During hot exchange of words, the deceased was assaulted by the present applicant with kicks and fist blows as well as with brick in his hand. This incident is witnessed by the family members of deceased including the complainant. Thereafter, the deceased was admitted in the Pravara Rural Hospital, Loni and took treatment for about 10 days. Then he was discharged and again he resumed his duties. Thereafter on 06/04/2010, he expired. After his demise, the present complaint came to be lodged about the incident occurred on 09/02/2010. 4. It is urged across the bar that even though the statement of 3 complainant and the eye witnesses as well as the medical evidence is accepted as it is, the case against the applicant will not cover u/s. 302 of The IPC, with which this Court is in agreement for the simple ground that the injuries sustained by the deceased during the incident dated 09/02/2010, can not be directly attributed to the cause of death of the victim. In the premise, case is made out to enlarge the applicant on bail with certain conditions. Hence order, O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to enter in the area of Rahuri Sugar Factory, where the complainant and witnesses are residing till the trial against him will be finally disposed of. Prosecution is at liberty to move under section 439(2) of The Cr.P.C. in case of violation of this specific condition. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2327-10