: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION APPLICATION NO.1149 OF 2008 APPLICATION NO.1149 OF 2008 APPLICATION NO.1149 OF 2008 Babu Yallappa Vitkar & Anr. ...Applicants V/s. The State of Maharashtra ...Respondent Mr.S.S. Pednekar, APP, for the Respondent. CORAM : A.V. NIRGUDE, J. CORAM : A.V. NIRGUDE, J. CORAM : A.V. NIRGUDE, J. DATE : 25TH APRIL, 2008. DATE : 25TH APRIL, 2008. DATE : 25TH APRIL, 2008. P.C.: P.C.: P.C.: 1. This application for bail deserves to be allowed. Admittedly the incident of assault of simple hurt etc. took place on 17th January, 2007 and against the applicant an offence under sections 323, 324, 504, 506 of the IPC was registered. The applicants were arrested and were immediately released on bail. 2. The victim was hospitalized for few days and thereafter he was released. On 12th June, 2007, after five months, the victim died. The Police registered offence under Section 302 of the IPC against the applicants and three other persons. The learned Judicial Magistrate First Class, Pune then issued show cause notices to : 2 : the applicants and other accused as to why their bail should not be cancelled. On 13th March, 2008, the applicants filed anticipatory bail application before the learned Sessions Judge, Pune which came to be rejected on 2nd April, 2008 and thereafter the present application came to be filed. 3. The applicant deserves protection under section 438 of the Cr.P.C. on his arrest mainly because the investigation is over, the charge sheet is already filed and there is hardly any need for custodial interrogation of the applicants. Besides, the intensity of the case gets considerably reduced because of passage of time between the date of accident and the date of death of the victim. 4. In case the applicant is arrested in C.R. No.40 of 2007 registered at Chatushrungi Police Station, Pune, he shall be released on bail in the sum of Rs.5,000/- with one surety in a like amount. [A.V. NIRGUDE, J.] [A.V. NIRGUDE, J.] [A.V. NIRGUDE, J.]