1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1737 OF 2009 Madhav s/o Govind Dandage, Age : 32 years, Occu.: Business, R/o Karegaon, Tq. Shrirampur, Dist. Ahmednagar .. Applicant Versus The State of Maharashtra Copy to be served on Public Prosecutor, High Court, Bench at Aurangabad .. Respondent Mr. V.D. Hon, Advocate for the Applicant Smt. S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 10th JUNE, 2009 P.C.:- 1] The applicant is seeking bail in crime no. 34 of 2009 registered by Shrirampur Taluka Police Station. The offence alleged against the applicants are punishable under section 302, 504 of the Indian Penal Code. 2 2] The incident of assault took place on 1.5.2009 at about 12:00 noon. The complainant who happen to be nephew of the deceased narrated the incident in detail. The complainant as well as the deceased had tailoring shops abutting a public road at village Karhegaon, Taluka Shrirampur. The complainant heard cries and alarm from his uncle's shop and he saw the applicant assaulting the deceased with his kicks and fists. The grievance of the applicant was the delay in delivery of his clothes. Despite of intervention of the complainant, the assault continued. The deceased fell down and became unconscious. Thereafter the applicant left the spot. The deceased was then taken to hospital, where he was declared dead. The post-mortem revealed that the deceased suffered from enlarged heart but the Medical Officer did not express his opinion about the cause of death. The incident took place on 1.5.209 and the post mortem was also conducted on the same day. Despite the passage of about 40 days, the Medical Officer has so far not expressed his final opinion about the death, 3 but there is clear indication that the deceased did not die of homicidal death. He probably died due to his enlarged heart condition. He was probably suffering from a heart disease. 3] The applicant is in custody since 2.5.2009. The applicant deserves bail. The applicant is released on bail of Rs.5,000/- (Rs. Five Thousand) with one surety in the like amount. 4] Application disposed of. (A.V. NIRGUDE, J.) arp/10june9/cr1737.09