jpc ba675-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.675 OF 2011 Aslam Salim Khan and another ... Applicants Versus The State of Maharashtra ... Respondent Mr. Jayesh B. Kocheta, for the applicant Mr. R. V. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 13th July, 2011. P.C. : 1. Heard Mr. Kocheta, the learned advocate for the applicant and Mrs. Newton, the learned Additional Public Prosecutor, for the State. 2. I have gone through the bail application and the annexures thereto. 3. The First Informant-Kumar R.M.P.-was assaulted by the applicants and other accused on 29th December, 2011. Applicant no.1 is alleged to have assaulted the First Informant by sword. On the report lodged by the First Informant, a case in respect of the offences punishable under section 324, 323, 143, 147, 148 and 149 of the Indian Penal Code was registered against the applicants and other accused. The First Informant was admitted in Hospital for one day and discharged on the next, i.e. on 30th December, 2010. Three days latter i.e. on 2nd January, 2011, at about 6.30 a.m., the First Informant died. Thereafter, jpc ba675-11.sxw 2 it is alleged that the applicants and other accused have committed the murder of the First Informant. 4. The applicants are in custody since 3rd January, 2011. The investigation is over and the charge sheet has been filed . 5. The main contention, that is advanced by the learned advocate for the applicant, is that the death of the First Informant has not been caused by the alleged assault. This seems to be, prima facie, the correct position. No opinion regarding the cause of death could be given by the medical officer, even after the postmortem examination. There is nothing to show that the death was unnatural. As a matter of fact, the statement of the son of the First Informant itself indicates that he died of heart attack; and in the said statement, the son of the First Informant has even given the cause behind the heart attack. 6. Considering all the relevant aspects of the matter, I am inclined to release the applicants on bail. 7. The application is allowed. 8. The applicants are ordered to be released on bail in the sum of Rs.30,000/- (Rupees thirty thousand only) each, with one surety in like amount, each. (A.M. THIPSAY, J.)