1 CA4448/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4448 OF 2011 1 Pramod Kisan Ingale Applicants 2 Suresh Devram Patil 3 Sandeep @ Manu Rama Ingale V E R S U S The State of Maharashtra Respondent Shri V.N. Damle, Advocate, holding for Shri H.F. Patil, Advocate for the applicants Shri B.J. Sonawane, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 30th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. I have perused the charge-sheet. The applicants are arrested in connection with CR No. 57 of 2011, registered with Varangaon Police Station. It is alleged that the applicants have committed an offence punishable under Sections 302, 353, 332, 341, 323, 504, 506 read with Section 34 of the Indian Penal Code. The incident is of 12th June, 2011. The present applicants were on the road and were driving a tractor and a trolly, which was at Fulgaon-fata. The F.I.R. is filed by one Mr. Vaibhav Shirsath. On reading of the said F.I.R., would go to show that on account of 2 CA4448/11 a manner in which the S.T. Bus driver by name Prakash Mhaske drove the vehicle, the applicants got angry and they managed to see that said driver Prakash Mhaske is made to get down from the bus. Thereafter, the present applicants gave fist and kick blows to him. The prosecution has been able to record statements of various persons, who talk in line of the statement of Vaibhav Shirsath, who has filed the F.I.R. 3. The postmortem was conducted on the dead-body of Prakash Mhaske on the very day i. e. on 12th June, 2011. The postmortem report indicates following external injuries : Diffuse bruise on chest in centre reddish in colour haematoma present under scalp, diffuse bruise on abdomen on right side lateral to umbilical reddish in colour, size about 2 x 1 c.m., contusion on right parietal region. On the head, diffuse haematoma present under scalp on right parietal region. So far as brain is concerned, covering conjested are found. The Viscera was preserved for opinion. This is the position as on 12th June, 2011. The report is as yet not made available to the police to know final cause of death. With the aforesaid record, the learned Advocate Mr. V.N. Damle for the applicants submitted that the role alleged against the present applicants is only giving fist and kick 3 CA4448/11 blows. He pointed out that a reading of the F.I.R. as well as the statements of the witnesses will go to show that the incident had taken place at the spur of moment and there was no intention on the part of the applicants to cause the death of a deceased, particularly because the applicants had no prior occasion to know the deceased or that there was no enmity between applicants and the deceased. He pointed out that the alleged acts of applicants of giving fist and kick blows to the deceased was a immediate reaction and nothing beyond that. He submitted that there was no immediate nexus in the overt acts which are alleged against the present applicants and the cause of death. He further submitted that the injuries referred in the postmortem report are no doubt on account of fist and kick blows, but the question is, whether those injuries were sufficient in the course of nature to cause the death ? He further submitted that the prosecution on the basis of the material before the Court failed to make out a case under Section 302 of the Indian Penal Code, and as such, the applicants are not required to be detained in custody and that they can be put to terms and they will make themselves available for trial. 4. As against the aforesaid submissions, the learned A.P.P. submitted that the death has taken place not on account of anything else, but on account of giving of kick and fist blows by the applicants and that is 4 CA4448/11 how he wanted this Court to establish a nexus between the acts alleged against the applicants and death of the deceased. According to him, though final cause of death is not coming forth from the concerned doctor, who conducted the postmortem, the nature of injuries suffered by the deceased are sufficient to hold that the deceased died on account of the blows suffered by him at the hands of the applicants and that is how he submitted that the arrest of the applicants under Section 302 of the Indian Penal Code is proper and that he submitted that the allegations against the applicants are serious, and as such, they should not be released on bail. 5. After having considered the rival submissions, I am inclined to release the applicants on bail subject to stringent conditions. The reasons are as under. 6. The only act alleged against the applicants is giving fist and kick blows. A reading of the F.I.R. and the other statements would go to show that the incident took place at the spur of the moment and on account of quarrel which took place at the spot while the deceased was driving the S.T. Bus and the applicants were in a tractor. The incident if one sees as it is, is very trivial. No doubt, the same has ultimately resulted in the death of the deceased. In my view, looking to the overt acts alleged against the present applicants, it would be difficult to observe, of-course prima facie, that the 5 CA4448/11 applicants intended to cause death of the deceased. In my view, the alleged acts of the applicants would not fall in any one of the clauses of Section 300 of the Indian Penal Code. In my view, once it is observed, of-course prima facie, that charge under Section 302 of the Indian Penal Code is not made out, there is no need to detain the present applicants and they can be released on bail. For the reasons mentioned aforesaid, following order is passed to dispose of the application : ORDER A. The bail application is granted. B. Each of the applicant is hereby granted bail in connection with CR No. 57 of 2011, registered with Varangaon Police Station, in respect of which Sessions Case No. 204 of 2011 is pending in the Court of learned Additional Sessions Judge, Jalgaon, each of the applicant is ordered to be released on bail in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety in the like amount. Each of the applicant shall execute P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand). 6 CA4448/11 C. Each of the applicant shall report to the concerned police station on every second Saturday from 11.00 a.m. to 04.00 p.m. till recording of evidence of all material witnesses of the prosecution is over. ( R.Y. GANOO, J. ) SRM/30/11/11