1 appln5820.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5820 OF 2010 Rahul Bhagwan Singh. ....Applicant. Vs. State of Maharashtra. ....Respondent. Mr. Amin Solkar, advocate for applicant. Ms. R.V.Newton, APP for State. CORAM:- J.H.BHATIA,J. DATED:- JANUARY 13, 2011. P.C. 1. Heard learned Counsel for the applicant and learned APP. Perused the police papers. 2. As per the FIR lodged by the deceased Amarsingh Solanki himself, present applicant and his father had beaten him with slaps and fists blows after exchange of hot words and then one of them gave a blow with iron rod on his right knee, which caused fracture of the knee. On the basis of that report, Crime No.I-258 of 2009 was registered under section 452, 325, 504, 506 r/w 34 of I.P.C. by Dombivali Police Station. The applicant and his father, both were granted bail in that case. However, three days after the incident, the first 2 appln5820.10 informant died and section 302 of I.P.C. was added and therefore, the accused persons were arrested again in the murder case. Father of the applicant was granted bail by this Court. 3. The post mortem report shows that provisional cause of death was "Hypovolini shock, fracture neck Femnr right leg, Haemotoma right knee. Final opinion withheld”. Thus, the final opinion of the cause of death is not available. Whether the fracture of the knee could be the cause of death is a question which can be decided at the time of trial. However, in the given circumstances, I find that it is a fit case to grant bail. 4. Applicant be released on his executing PR bond of Rs.10,000/- with one surety in like amount with condition that he shall not tamper the prosecution witnesses and shall attend Dombivli Police Station on first Sunday of every month between 11.00 a.m. to 1.00 p.m. till end of trial. (J.H.BHATIA, J.)