1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.643 of 2010 [Omprakash Shamlal Yadav & another Vs. State of Mah. ] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Prakash Jaiswal, Adv., for the applicants. Mr. S.S. Doifode, APP for respondent. Mr. Joshi, Adv., holding for Mr. A.S. Mardikar, Adv., for assisting the prosecution. ----- CORAM : A.H. JOSHI, J. DATE : 22nd April, 2010. 1. This is an application for grant of anticipatory bail. 2. The applicants have been named as accused in Crime No. 38/2010 for offence punishable under Section 302 read with Section 34 of Indian Penal Code. 3. Heard both the sides. Perused the Case Diary. 4. The written complaint, which has led to registration of First Information Report, discloses that over a property dispute inter se the relations, the deceased had intervened. 2 5. One of the accused – Omprakash Yadav gave a single blow on the chest of the deceased who died on the spot. 6. The Post-mortem Report discloses the cause of death to be cardio-respiratory arrest due to cardio neurogenic shock [natural cause of death]. 7. It appears that being confused due to the description as to cause of death, the police had raised queries and sought reply from the Medical Officer, Sub-District Hospital, Kamptee. 8. The Medical Officer has opined that the death was likely to be natural. 9. It has not come on record in the process of investigation that the deceased had some history of heart disease, which was within the knowledge of the accused, and that the accused had assaulted the deceased in that background. 10. Admittedly, it was a case of sudden fight. The deceased had intervened and suffered the assault. 11. Based on statement of any of the witnesses, it is not the case of the prosecution that the assailants had knowledge of any disability or intention to cause death. 12. Facts borne on record prima facie 3 indicate the assault and death to be a coincidence. 13. In the situation, as has emerged, the applicants have made out a case that they cannot be prima facie indicted to be responsible for act of causing death intentionally or with knowledge. 14. In the result, applicants are entitled for the protection sought for. 15. In the event of arrest in Crime No. 38/2010 for offence punishable under Section 302 read with Section 34 of Indian Penal Code, registered with Police Station, Kanhan, Distt. Nagpur, the applicants be released on bail on furnishing a Personal Bond and a solvent surety in a sum of Rs.10,000-00 [rupees ten thousand only] each. 16. The applicants shall attend the Police Station concerned between 9-00 a.m., and 12-00 noon from 26th to 30th April, 2010, and shall attend the police as and when called by the Investigating Officer. They shall maintain peace, and will not contact the witnesses, or otherwise pressurize them. Judge |Hedau|