1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 294 OF 2009 Rajkumar Arasan Harijan ....Applicant. V/s The State of Maharashtra & Anr. ..... Respondents. ------ Mr. S.K. Raj for the applicants. Mrs. M.H. Mhatre, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 6th February, 2009 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant has been arrested in connection with the offence punishable under section 302 of the Indian Penal Code which is registered at Sewree Police Station vide C.R. No.108/2008. 3. Prosecution case is that the applicant alongwith others assaulted the deceased with stumps and wooden sticks, as a result of which he had to be admitted in J.J. Hospital. Applicant also sustained number of injuries and he also filed a cross complaint against the deceased and others under section 324 of the Indian Penal Code. In J.J. Hospital CT Scan 2 of the brain of the deceased was performed from which it appears that it was normal. The deceased, however, had taken discharge against the medical advice and, thereafter, he was admitted in Prince Ali Khan Hospital at 17.15 hours on 17/8/2009 where he expired at 13.00 hours on the same day. The injuries which are found on the person of the deceased are essentially abrasions. The cause of death has been given as multiple organ failure. The fact that he had taken discharge against the medical advise has been noted in the postmortem notes. In view of the statement of the deceased which was recorded before he was admitted in the hospital,it is apparent that the applicant had assaulted the deceased with sticks and stumps. Applicant also had received injuries in the said incident. Taking into consideration these statements, in my view, this is a fit case for grant of bail. The deceased had taken discharge against the medical advise from J.J Hospital and, thereafter, died at Prince Ali Khan hospital. This is an additional circumstance which does indicate that if deceased had not taken discharge against the medical advise from J.J. Hospital, probably, he might have survived since the injuries essentially are abrasions. 4. Applicant, therefore, be released on bail in C.R. No.108/2008 in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant, however, shall not enter the jurisdiction of Sewree Police Station, pending the hearing and final disposal of the trial. I am informed by the learned 3 APP that the trial had already begun and two witnesses have been examined. However, the applicant shall be permitted to enter the jurisdiction of Sweree Police Station for the purpose of attending Sewree Court where trial has begun. Applicant shall give his new residential address to the Superintendent of Police before his release. Applicant shall report to the nearest Police Station from his new residential address once in a month. 5. Application is disposed of. (V.M. KANADE, J.)