1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1447 OF 2010 Shivaji S/o.Pandurang Chaudhari, Age-36 years, Occu-Service, R/o.Jeba-Pimpri, Tq. and Dist. Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT Smt.S.S.Jadhav, learned counsel for applicant. Mr.B.V.Wagh, learned APP for respondent State (CORAM : A.V.POTDAR, J.) DATE : 28/04/2010 PER COURT : 1. This is the second round of an attempt for release on bail by the applicant, who was arrested in connection with CR No.120/2009, registered in Neknoor Police Station, Dist. Beed, for the alleged offence punishable u/s. 302, 323 r/w. 34 of IPC, wherein he came to be arrested on 17/11/2009. The charge sheet was filed on 09/12/2009. His first attempt to release on bail was futile as the application filed by him before this Court bearing application no. 195/2010 was rejected on 25/01/2010. 2 2. Considering the submissions across the bar, the earlier order require to be considered. Earlier bail application was rejected as Hysto Pathelogical Report about the lungs, heart, kidneys, was not brought to the notice of this Court and it is also not brought to the notice of this Court that the victim was suffering from Cardio Vascular Disease. 3. It can not be disputed from the papers of investigation whether the applicant gave fist blow on the chest of the victim Nivrutti Chaudhary during the incident. Now in the light of receipt of Hysto Pathelogical Report, the only point require to re-consider whether there was any intention at the hands of applicant to kill the deceased or not. Naturally this point will be decided by the Trial Court after the opportunity will be made available to both the sides to led the evidence and to cross-examine the witnesses, but considering the fact that the death of the victim was occurred not only because of the fist blows given by the applicant, but also because of he was also suffering from Cardio Vascular Disease, of which the applicant was not aware, and if it is so, considering the period undergone by the applicant in the jail, this application needs to be allowed with certain conditions. In the result, following is the order : O R D E R 1. Application is allowed. 2. The applicant be released on bail on furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount. 3 3. After released on bail, applicant not to enter in village Jeba- Pimpri of Tal. And Dist. Beed during the pendancy of trial, but before his release on bail, he has to furnish his address to the Investigation Officer, where he will reside after released on bail. 4. The applicant to report once in a week to the nearest police station where he will reside after his release on bail. 5. Application stands disposed of in terms of above order. (A.V.POTDAR) JUDGE khs/APRIL 2010/cri.appl.1447-10