1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (B.A.) No.410/2011 ( Bhagwan Bajirao Kansare ..Vs.. State of Maharashtra, through P.S.O., P.S. Akot, Distt. Akola ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Anil S. Mardikar, Adv. for applicant. Mr. S.M. Bhagde, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATED : 27.7.2011. 1. The applicant is accused in Crime No.46/2011, registered with the police station Akot, Distt. Akola, under section 302 read with 34 of the Indian Penal Code. 2. On 11/3/2011 one Ranjana Kansare - housewife, residing in village Akoli Jahangir lodged the F.I.R. in the police station Akot alleging that on 28/2/2011 when her husband - Pramod (since deceased) was fetching water, in small barrels on bicycle, was dashed by a bullock-cart driven by one Kishor Kansare. When the deceased was complaining to Parvatabai - the mother of said Kishor at that time Bhagwan Kansare, Dnyaneshwar Kansare and Gopal Kansare (accused nos.1 to 3, respectively) came to his house and assaulted the deceased. Thereafter, she carried him to the Rural Hospital Akot and from there he was referred to Civil Hospital Akola. For further management, deceased was referred to Government Medical College, Nagpur and was admitted on 1/3/2011. On 8/3/2011, 2 he died. Postmortem report reveals that death was due to head injury. 3. Learned Additional Sessions Judge released Dnyaneshwar and Gopal (accused nos.2 and 3) on bail, however, rejected the application of the present applicant on the ground that the injury to head was caused by him. 4. Prior to lodging of the report on 11/3/2011, Ranjana had already lodged the complaint on 4/3/2011. It seems that the cognizance of the same was not taken by the police. The fact remains that incident occurred on 28/2/2011 and since the date of incident Ranjana was with the deceased attending on him. The circumstances like: when the deceased was admitted to Rural Hospital Akot on 28/02/2011, it was not treated as Medico Legal Case. Thereafter, when he was carried to Civil Hospital Akola, there also it was not treated as Medico Legal Case. On the contrary, on 01/03/2011, the deceased came to be admitted to Medical College Hospital Nagpur, and in the medical case papers history noted is about the head injury due to fall from height. This is coupled with the fact that till 04/03/2011 Ranjana kept mum about the assault by the accused persons. 5. For the foregoing reasons, I direct release of the applicant on his executing PR bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount. JUDGE Tambaskar.