1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.978 of 2010 [Amit Kumarswami Pilley Vs. 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.M.B. Naidu, Adv., for the applicant. Mr. S.S. Doifode, APP for respondent. ---- CORAM : A.H. JOSHI, J. DATE : 23rd June, 2010. 1. This is an application for regular bail. 2. The applicant has been named as accused in the First Information Report on the basis of oral Dying Declaration made to the complainant by the deceased. 3. Heard learned Adv. Mr. M.B. Naidu for the applicant and learned APP Mr. S.S. Doifode for the respondent. Perused the case diary. 4. It is a case where prima facie the presence of applicant on the scene of offence is not disputed. 5. It may be because the accused chased 2 and assaulted the deceased, or because the deceased has fallen down, he has suffered a small injury on the parietal region near the end of eye. 6. The Notes of Post-mortem Examination reveal that the injury to parietal region has no nexus with the cause of death. 7. The cause of death as described in the Post-mortem Notes is “Coronary insufficiency”. 8. Column No.20 of the Post-mortem Notes refers to the following:- “20 Thorax- (a) Walls, ribs, cartilages ... Intact. No injury. (b) Pleura ... Attached to chest wall. (c) Larynx, Trachea and ... Mucosa – congested. Bronchi (d) Right Lung ....| Both lungs show fibrosis (e) Left Lung ....| suggestive of pulmonary Bronchi Tuberculosis. (f) Pericardium .... Congested. [g] Heart with Weight – 380 gms. Weight. .... Left Ventricular Hypertrophy vessels engorged and dilated. Thrombosis seen at left anterior deseuding coronary artery 2 cm away from coronary sinus. While opaque patch seen on left ventricle anteriorly, size ½ x ½ cm [sign of old infraction]/ Aorta – Atherourmatous plaque seen +++. Hyperaemic area present anteriorly over left 3 ventricle at apex.” 9. On what is seen as to the status of thorax and heart of the deceased, the injury allegedly caused may be on account of chasing or assault by the accused or fall of deceased, and prima facie cannot even remotely be connected with the act of the accused. 10. It prima facie appears that the status of health of the deceased was such that the coronary failure was impending, even otherwise. 11. In this background, on what prima facie reveals is that the applicant may not be involved in commission of offence under Section 302 of Indian Penal Code or even lesser offence of culpable homicide not amounting to murder. 12. In the circumstances, the applicant is entitled to be released on bail. 13. The applicant be released on bail on furnishing a Personal Bond and a Solvent Surety in a sum of Rs.20,000-00 [rupees twenty thousand only]. 14. Hamdast is allowed. Judge |Hedau| 4