1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2148 OF 2010 Digambar Dhondiba Kalyankar, Age-55 years, Occu-Agriculturist, R/o.Patnoor, Tq.Ardhapur, Dist. Nanded APPLICANT VERSUS The State of Maharashtra, Through P.S.Barad, Tq.Ardhapur, Dist. Nanded. RESPONDENT Mr.G.P.Shinde, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 44/2009 registered in Barad Tq.Ardhapur Police Station, in which the applicant came to be arrested on 29/12/2009, and charge sheet was filed on 07/03/2010 in the Court of J.M.F.C. Mudkhed, Dist. Nanded. Thereafter, the case was committed to the Court of Sessions and numbered as Sessions Case No.59/2010 2. Heard learned counsel for applicant, learned APP for State. 2 Perused the papers of investigation till carried out. 3. On the basis of complaint of one Narayan Kalyankar dated 02/11/2009, initially the offence was registered u/s. 323, 324 r/w. 34 of The IPC in which Narayan sustained injuries. Allegations that the applicant/step brother of the victim assaulted him with iron rod in his hand, while remaining two had assaulted with stone and kicks. It appears that earlier the applicant was released on bail, but during the treatment, Narayan expired on 27/12/2009. Thereafter, section 302 of The IPC was added in the said CR and applicant was again arrested on 29/12/2009. 4. Injuries noted on the person of deceased and which are mentioned on coloumn no.17, are of surgical wounds. It is specifically opined by the Medical Officer that the probable cause of death is due to complications following c4 c5 vertebral fracture. Therefore, the whole liability can not be saddled on this applicant. If it is so, considering the fact that the investigation is over, case is made out to enlarge the applicant on bail. Hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, till the Sessions Case No.59/10 is finally disposed of, the applicant not to enter in village Patnur, Tal.Ardhapur, Dist. Nanded. 3 4. In case of violation of this condition at the hands of this applicant, the prosecution is at liberty to pray for cancellation of bail. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2148-10