1 Appln 2990-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2990 OF 2010 Hasim Badsha Shaikh ..Applicant V/s. The State of Maharashtra ..Respondent Ms Anjali Awasthi, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 27TH AUGUST, 2010 P.C. . The Applicant along with others has been charge sheeted for causing death of one Satish Bhalerao seeks bail amongst others on the ground that Irfan Isaq Shaikh was admitted to bail by this Court on 28th April, 2010. On the incidental night a girl complained of some robbers attempting to sntach her chain. She told the crowd such an attempt was made. Therefore, the Applicant and other accused persons gave a chase. The complainant Santosh Akaram Gaikwad and victim Satish Bhalerao were 2 Appln 2990-10 accosted by the crowd and given severe beating. Satish succumbed to injuries whereas Santosh managed to run away. 2. Investigation in this case is complete and charge sheet has been filed. As already pointed out, one of the co-accused Irfan Isaq Shaikh has been admitted to bail by order dated 28th April, 2010. Another co-accused Mohjam Abdulla Navsekar has been refused bail by an order dated 6th August, 2010 as pointed out by the learned APP. In this context, it has to be found as to what was role of the Applicant to ascertain whether he could be admitted to bail. There are statements of Nuruddin Mohiyoddin Sayyed, Gilani Abdul Kadar Shaikh and Karim Chand Shaikh, all of whom state that along with others the Applicant had hit the victim with bamboo stick, he was lifted from gutter where he had fallen. With the help of another accused Nigro Babu the victim was hurled on railway track and beaten 3 Appln 2990-10 with fists and kicks. The learned Counsel for the Applicant points out that notes of Post Mortem examination show that victim had suffered only abrasions. The Medical Officer has reserved his opinion as to cause of death awaiting report of histopathological examination. She points out cause of death is not yet ascertained. Therefore, according to the learned Counsel for the Applicant, since there is nothing to show that the victim died as a result of injuries allegedly inflicted by the Applicant, the Applicant ought to be released on bail. She further states that there is no difference in the case of the Applicant from that of Irfan Isaq Shaikh, who has been admitted to bail. The learned Counsel for the Applicant also submits that though Bamboo stick was shown to have been recovered by the police but it has not been recovered from the applicant. The learned Trial Judge may undoubtedly to consider this aspect when trial commences. The learned APP 4 Appln 2990-10 contests all these contentions. 3. While it would have been ideal for the prosecution to file final cause of Death Certificate, merely because of inability of the Medical Officer to certify cause of death, the victim could not be inferred to be have died of any cause other than the beating he received. 4. In view of this, Criminal Application can not be granted and is consequently rejected. (R.C.CHAVAN, J.)