1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.2022/2010 (Dilip Vishnu Bhagwat .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Anil S. Mardikar, Advocate for applicant, Mrs. B.P. Maldhure, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : JANUARY 31, 2011 Heard. The prayer for bail made by the applicant in connection with Crime No.58/2010 for offence under Section 302 r/w 34 of IPC registered with Talegaon Dashashar Police Station, District–Amravati is vehemently opposed by the learned APP on the count of participation of the applicant in an incident which has ultimately resulted in the death of Pundlik is borne from the material in the shape of first information report lodged by his wife Shashikala and the statements of son of deceased Ankush and three eyewitnesses Mangesh, Ramkrushna and Naresh. Though there is substance in the said submission, there appears prima facie substance in the submission of the learned counsel for the applicant that deceased has succumbed to the 2 death due to head injury sustained by him. Such a prima facie inference is inevitable after considering the matters stated in the post-mortem report and particularly cause of death of deceased. Having regard to the same and after taking into account of the incident as prima facie reflected by the matters stated in the first information report and so also statement of Ankush, son of the deceased, the same also supports his further contention during the said incident which had occurred on petty cause, other assailants had assaulted the deceased by means of stone and, thereafter, he had sustained a fall and succumbed to the death. Thus, after prima facie considering the material in the chargesheet, including statement of the other two eyewitnesses, there appears substance in the submission that prima facie there is absence of material precisely that during the incident the applicant had also assaulted the deceased on head by means of stick and/or due to the same injury resulting to his death was caused. On said backdrop considering nature of injuries sustained by deceased, the applicant has made out a case for releasing him on bail by imposing stringent conditions to take care of apprehensions expressed by the prosecution of evidence getting tampered. Hence the order : The applicant is directed to be released on bail in connection with Crime No.58/2010 of Police Station, Talegaon Dashashar, District–Amravati upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with two 3 separate solvent sureties in the like amount and subject to the conditions that applicant - (i) after his release on bail, shall not stay within the local limits of Thiwara village and shall intimate his place of abode to the investigating officer and shall not change the same without the permission of the court. He shall also attend the said local Police Station within whose jurisdiction he would be staying on every Monday for a period of three months in between 11 am to 2 pm and, thereafter, on first Monday of every month until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence, (iii) shall not commit any offence while on bail. The application stands disposed of. Hamdast allowed. JUDGE Gulande