BA-794-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.794 OF 2011 Rajnikant Ramesh Vidhate ... Applicant V/s. The State of Maharashtra ... Respondent Ms. Anjali Patil for the Applicant. Mr. J.P. Kharge, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 22 ND JULY, 2011. P.C. : 1. Heard. 2. On 22nd November, 2010, one Ramchandra Solkar, who was working as a 'watchman' in Khandwala SRA Building No.3 was assaulted by somebody. The First Informant-Louis Lobo, who works there, heard the said watchman uttering words to the effect “ccyw eyk ek# udks, ccyw eyk ek# udks” and, therefore, went to that spot. He found that the watchman Solkar was lying there in injured condition. He was unable to speak. The First Informant then reported the matter to Police on the basis of which a case of an offence punishable under Section 326 of the IPC was registered. Said Solkar died on 2nd December, BA-794-11.sxw 2 Dixit 2010 in the hospital itself. After his death, the charge of an offence punishable under Section 304 (Part II) of the IPC was added. 3. The Applicant is alleged to be the person, who assaulted the deceased. He has not been identified by anyone as such, though the First Informant had, apparently, seen the assailant. The connection of the Applicant with the alleged offence is established only on the basis of an extra judicial confession, purportedly, made by him before one Nilesh Dhumal. The statement of the said Nilesh Dhumal was recorded on 2nd December, 2010 i.e. after the death of the said Solkar. Even that extra judicial confession speaks only of giving two slaps to the said Solkar and thereafter Solkar having accidentally fallen down and sustaining injuries. 4. The Applicant is in custody since 26th November, 2010. The trial has not yet commenced. 5. Under the circumstances, I am inclined to release the Applicant on bail. 6. The Bail Application is allowed. 7. The Applicant is ordered to be released on bail in the sum of Rs.20,000/-, with one surety in like amount. [A.M. THIPSAY, J.]