IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3197 OF 2008 CRI.APPLICATION NO.3197 OF 2008 CRI.APPLICATION NO.3197 OF 2008 Shri Adhar Santosh Sonawane, .. Applicant Vs The State of Maharahstra, .. Respondent. Mr Rameshwar N.Gite, for the applicant. Mrs P.P.Shinde, APP, for the State. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 19/11/2008 DATE : 19/11/2008 DATE : 19/11/2008 PC: PC: PC: 1. Heard Mr.Gite, learned counsel for the applicant and Mr.Shinde, learned APP, for the State. 2. The applicant is seeking bail in C.R.No. I-12 of 2006 of Pimpalgaon police station, Dist.Nashik. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 302,323,504, and 506 read with 34 of IPC. 3. It is the case of the prosecution that on 28.12.2008 at 10 pm, all the three accused assaulted the deceased Sundarabai with fist and kick blows. After the incident she was admitted in the hospital and the offence came to be registered against all the accused under section 323 of IPC. All the accused were arrested and released on bail. The deceased was in the hospital for 51 days and she was discharged on 16.2.2008. On the very same day after her discharge, she died in her house. Mr. Gite, learned counsel for the applicant, vehemently submitted that in the present case the accused cannot be held responsible for Sundarabai’s death and it is evident from the fact that after her death post mortem of her dead body was not conducted. Ms.Shinde, learned APP, on instructions, admits that the post mortem in the present case was not conducted and as a result thereof the cause of death of the deceased is not on record. Keeping that in view and considering overall facts and circumstances of the case and considering that the applicant was arrested on 18.2.2008, I am inclined to enlarge him on bail. 4. The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station every alternate Saturday between 7 and 8 pm till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)