(1) CRI. APLN. 4874.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4874 OF 2010 Babruwan S/o Manohar Bhosale, Age : 35 years, Occu.: Agriculture, R/o Bembali (Kh.), Tq. Devni, District : Latur Applicant VERSUS The State of Maharashtra Respondent ..... Mrs. Sadhana S. Jadhav, Advocate for the Applicant. Mr. P.P. More, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 15TH DECEMBER, 2010 ORAL ORDER:- 1. Heard. 2. The Application is for bail. 3. After hearing the learned Advocate for the applicant and learned A.P.P. and on perusal of the FIR etc., it prima facie appears that the incident occurred on account of a dispute, regarding grazing of the cattles. The deceased was allegedly assaulted by the applicant and other two persons by means of (2) CRI. APLN. 4874.2010 fist and kick blows. The FIR is lodged by brother of the deceased. The FIR itself shows that the deceased returned home in the evening and in the next morning, he complained of pains. The statement of Sunil, who is son of the deceased, prima facie shows that the deceased was not immediately shifted to the hospital for treatment though he was complaining of pains. His statement shows that while he and others were preparing themselves to take the deceased to the hospital, deceased Gunwantrao died in his residential house at about 9.00 pm. 4. What appears from the record is that during course of a quarrel, which sparked off on account of grazing of cattles, deceased Gunawantrao was manhandled and assaulted. No weapon was used by the applicant and others. The incident occurred at spur of the moment. 5. In this view of the matter, prima facie there could not be intention to cause death of the deceased Gunwantrao. One cannot be oblivious of the fact that deceased Gunwantrao was a old aged person. The copy of post-mortem notes would show that there (3) CRI. APLN. 4874.2010 was no physical injury found on his person. The death is reported to have caused due to cardio- respiratory failure which occurred as a result of intestinal perforations. It is yet to be ascertained whether such perforations could be impacted due to the external trauma. Under these circumstances, and particularly when there is prima facie material to infer absence of motive to cause death of deceased Gunwantrao, the applicant is entitled to seek bail. 6. In the result, the Bail Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs.15,000/- (Rs.Fifteen Thousand) with a solvent surety bond in the like sum, to the satisfaction of the Court of Sessions and on further condition that he shall not contact any of the prosecution witnesses and shall make no attempt to tamper with the evidence of the prosecution. He shall submit an undertaking to such an effect while furnishing the bail bonds. Sd/- [V. R. KINGAONKAR, J.] arp