MP 1 BA1715_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1715 OF 2011 Ravindra Vithal Parab ... Applicant Versus The State of Maharashtra ... Respondent Mr. Nitin Sejpal and Ms. Pooja Bhojne, Advocate for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 29TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.146 of 2011 registered at Naupada Police Station, District Thane, for the offence punishable under Section 302 of the Indian Penal Code. 2. Prosecution case, in brief, is that on 09.04.2011, at about 09.45 a.m., first informant Rahul Vyas was standing near a tea stall. At that time, the accused, who is a Police Head Constable, came there and sat down on chair under the tree. He began to drink liquor which he had brought with him. The accused asked Rahul Vyas to call Waman Madvi. Rahul Vyas went to Waman Madvi and told him that the accused was calling him, and that, he was drinking liquor, and therefore, he advised Waman Madvi to run away. Rahul Vyas came back to the accused and told him that Waman Madvi had run away. Being not satisfied with the explanation, the accused abused Rahul Vyas and himself went to Waman Madvi and brought him to the spot. He made Waman Madvi to sit on the chair and then pushed him down. Thereafter, he held one big stone in his hand and gave two blows on the head of Waman Madvi causing a lot of bleeding from the head. Immediately he was taken to the hospital where he was declared dead. Post-mortem report reveals that he had suffered contusion on the occipital area as well as on the left parietal area. The post- MP 2 BA1715_11 mortem report also shows that the death has occurred due to the head injuries in the form of intracranial haemorrhage. 3. Prima facie, there is a material to show that the applicant, who is a police head constable, had caused death of the deceased by giving two blows on the head with a big stone. The learned Counsel for the applicant contends that no fracture was found on the skull and that falsifies the prosecution case. If the stone would have been pelted on the head from the distance, it was likely to cause fracture but if the stone was held in the hand and it was hit against the head, fracture may or may not take place. Merely because there was no fracture, prosecution case cannot be thrown away at this stage. The post- mortem report provides corroboration to the F.I.R. lodged by Rahul Vyas. There are other witnesses of the incident also. If bail is granted to the applicant, there is every possibility that he may tamper with the prosecution evidence and life of the witnesses may be endangered. 4. Therefore, the application stands rejected. (J. H. BHATIA, J)