1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2200 OF 2010 Santosh @ Bandu Baburao Borhade, Age-30 years, Occu-Agriculturist, R/o.Karule, Tq.Sangamner, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.R.K.Temkar, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 23/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 31/2010, registered in Sangamner Taluka Police Station for the alleged offence punishable u/s. 302, 326, 504 r/w. 34 of IPC in which the applicant came to be arrested on 19/02/2010. After completion of investigation, charge sheet was filed on 10/05/2010 in the Court of J.M.F.C. Sangamner and thereafter the case was committed to the Sessions Court, and numbered as Sessions Case No.16/2010. 2. Heard learned counsel for applicant, learned APP for State. 2 Perused the papers of investigation till carried out. 3. One thing is clear from the perusal of post mortem notes that the death of deceased Chandrabhan is not a natural death, but it is a un-natural homicidal death. While considering the application for bail, one fact require to be considered, whether the act allegedly committed by the present applicant is directly connected with the death of deceased Chandrabhan or not. 4. It appears that the said offence came to be registered on 16/02/2010 on the complaint of one Somnath Yadav Jagtap. Victim Chandrabhan is his maternal uncle. As per the facts alleged in the complaint, in the afternoon of 15/02/2010, when the complainant alongwith his maternal uncle had been to village Karule, Tal.Sangamner, Dist. Ahmednagar. Around 4.00 noon, one Sopan Gaikwad met them. At that time, victim asked the said Sopan to return the money given by him on loan to him. Some dispute arose and scuffle took place between victim and said Sopan. At that time, the present applicant came at the spot and inquire with the complainant whether he know the applicant. As the complainant informed that he do not know the applicant, sudden scuffle took place and in the said scuffle, the applicant assaulted the victim with fist and kick blows and having the fighter ring in his hand, and because of that the victim sustained on his forehead and on the other organs. On 16/02/2010, victim was admitted in Dr.Tambe's Hospital for treatment. It appears that the victim survive for the period of 35 3 days and succumbed to death thereafter. According to the post mortem notes, cause of death of victim was due to head injuries and failure of other organs. From perusal of the statement of witnesses and the facts narrated in the complaint, it appears that this incident is due to sudden provocation. But considering the entire scenario and the material collected during the investigation, it can not be said that the act of the applicant is pre-mediated act with intention to kill the victim. Bearing in mind that other accused in this case Sopan was released on bail by the learned Sessions Court itself. Hence the case is made out to enlarge the applicant on bail on putting certain conditions. Hence 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. 20000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to enter village Karule, Tal.Sangamner, Dist. Ahmednagar, till the final disposal of trial in Sessions Case No.16/2010. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2200-10