1 CRI.APPLN.NO.38/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.38/2011 (Ramchandra @ Chanduappa Bansidhar Shinde Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.MA Tandale, Adv. for applicant; Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 31 st January, 2011. ... 1) Heard. 2) The accused/applicant, in custody from 27.11.2010, seeks release on bail in Crime no.135/2010 registered at Peth Beed Police Station, District Beed, for an offence under Sections 302, 364 r/w 34 of IPC. 3) F.I.R. of Santosh Vasant Umap disclose that applicant – Ramchandra @ Chanduappa carried the deceased from his house in his TATA SUMO for showing the places of harvesting sugarcane and also to repay Rs.40,000/- collected by deceased Vasant concerning harvesting of sugarcane. Thereafter there – was mobile communication between the complainant and his father, wherein the deceased informed him that accused/applicant has assaulted him at the house of one Mukadam and deceased directed his son to make arrangement for funds of the accused/applicant. 4) The deceased, due to excessive drinks was admitted in the hospital on 21.11.2010 and while in the hospital, expired on 22.11.2010. Post mortem was drawn, wherein the police informed that death is due to excessive consumption of 2 CRI.APPLN.NO.38/2011 alcohol. The concerned Medical Officer has preserved the viscera for opinion. The post-mortem notes do not primarily indicate any injury, barring abrasion 4 X 1 cm on right shin. – 5) Considering this aspect, further custody of the applicant/accused is not warranted, he deserves to be released on bail. 6) The applicant/accused be released on his furnishing PR bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand). He shall attend the Investigator on every Thursday and Sunday between 3.00 p.m. to 6.00 p.m. till filing of the charge sheet; and shall not influence the witnesses. 7) Grant of bail to applicant/accused shall not be treated as parity for release on bail to other accused. 8) Application allowed as above. (K.U.CHANDIWAL) JUDGE bdv/