1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2120 OF 2010 Ashok S/o.Kashinath Vairagar, Age-35 years, Occu-Agriculturist, R/o.Kopare, Tq.Rahuri, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Smt.S.S.Jadhav, learned counsel for applicant. Mr.D.V.Tele, learned APP for State CORAM : A.V.POTDAR, J. DATE : 30/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.19/2010, registered in Rahuri Police Station of Dist. Ahmednagar, in which he came to be arrested on 22/01/2010, and after completion of investigation, charge sheet was filed on 09/04/2010 in the Court of J.M.F.C. Rahuri, and the case is numbered as RTC No.71/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the said offence came to be registered on the complaint of one Anubai Macchindra Amolik, the wife of deceased about the incident allegedly occurred in the afternoon of 09/12/2009. On that day, according to the complaint, deceased Mahendra had gone to 2 one village to attend wedding ceremony. The complainant also had gone to weekly bazar at village Manzari. On her way, around 3.00 p.m., 2 ladies met her and informed her that quarrel took place between her husband and applicant and in that quarrel, the applicant had assaulted her husband. When she reached the place of incident, she noticed that her husband was lying in the field of one Waman Kshirsagar and sustained injuries on his both hands. The left hand was found seriously injured. In inquiry, it is informed that, as the husband of the complainant refused to give money as demanded by the applicant to consume liquor, the applicant assaulted him with kicks, fist blows and with the help of hockey stick in his hand. Thereafter, initially the deceased was taken for medical treatment at Sakhar Kamgar Hospital, Shrirampur, where after initial treatment, he was taken to District Hospital Ahmednagar on 12/12/2009. Considering his critical condition, the deceased was referred to Sasoon Hospital,Pune, and while under treatment, the deceased expired on 19/12/2009. Hence after completing all the formalities, on 16/01/2010, the complaint came to be lodged. 4. During the course of submissions across the bar, my attention is drawn towards the delay caused in lodging the FIR. While considering the bail application, this court is not supposed to criticize whether the delay is properly explained or not, but this Court is require to consider in the light of papers of investigation, whether a case is made out to enlarge the applicant on bail or not. 5. It appears that after arrest of applicant, statement of 2 female 3 witnesses were recorded, who have seen the incident. Those statements discloses that these eye witnesses have witnessed the incident of assaulting the deceased at the hands of this applicant. According to post mortem notes, cause of death is due to cervical spinal injury. As mentioned in coloumn no.17, no external injury is noticed either on the neck or on the backside of the deceased, which may demonstrate that the deceased was assaulted by this applicant, which caused damage to the spinal cord of deceased. Considering this aspect, even if the statement of eye witnesses are accepted as it is, the delay which is tried to demonstrate is due to fear of applicant. Earlier the cause of assault was shown as fallen from the tree, while the correct cause of assault is assault at the hands of this applicant. Even after accepting all these things, it can not attribute the offence against applicant. In the premise, following is the order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, till the trial against applicant is finally over, applicant not to enter village Kopare, Tal.Rahuri, Dist. Ahmednagar. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2120-10