1 BA-700.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL BAIL APPLICATION NO.700 OF 2011 Bhairavnath Chagan Dhaware .... Applicant Vs. The State of Maharashtra .... Respondent Shri M.S. Mohite for the Applicant. Ms A.A. Mane, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 15, 2011 P.C: This is an application for bail by a vegetable vendor who seems to have caused the death of his friend who was also vending vegetable with him. On 18-6-2010 both seem to have consumed liquor and were fighting. On the next day, the dead body of the victim was found in the applicant's tempo in which both of them used to carry vegetables. The notes of the post-mortem examination are that, there were eleven abrasions on various parts of the body. The notes do not show that any one injury in itself could have caused the death. The doctors certified that death occurred due to shock and 2 BA-700.11 asphyxiation collectively due to all the external injuries. The thyroid cartilage had not broken. Final opinion about the cause of death was reserved and the viscera as well as tissue were preserved for histopathological examination and examination in the Forensic Science Laboratory. Both the viscera reports show that the victim had consumed liquor and the ethyl alcohol content was 175 mgs per 100 grams in respect of stomach and intestine, and in the blood it was 87 mgs per 100 mls. The applicant, too, had several injuries, as could be seen from his injury certificate. In spite of availability of report of histopathological examination and the report from the chemical analyser, the final cause of death has not been ascertained and presuming the prosecution's story to be true, it appears that the victim and the applicant had a drunken brawl which led to several injuries caused to the victim, leading to his death. Investigation is complete and the charge-sheet is filed. The applicant has been in jail since 22-6-2010. Considering this, the application is allowed. The applicant be released on bail in C.R. No.201 of 2010 of Dehuroad Police Station, Pune on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to 3 BA-700.11 Rs.50,000/-. The application accordingly stands disposed of. (R.C. CHAVAN, J.)