1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2510 OF 2010 Rama S/o.Ranba Sirsat, Age-35 years, Occu-Labour, R/o.Dharur (Kasba), Tq.Dharur, Dist. Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.A.R.Salve h/f. Mr.M.R.Andhale, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 30/07/2010 PER COURT : 1. By the present application, the applicant has prayed this Court for his release on bail in connection with CR No.4/2010, registered in Dharur Police Station, in which applicant surrendered before police on 03/02/2010 alongwith other 3 persons, who were released on bail. In this case, charge sheet was filed before learned J.M.F.C. Dharur and case was numbered as RCC No.55/2010. It further appears that thereafter, case was committed to the Court of Sessions and was numbered as Sessions Case No.18/2010, now pending on 2 the file of Ad-hoc Additional Sessions Judge, Majalgaon, Dist. Beed. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. Before considering the submissions across the bar, it is necessary to consider the effect of the opinion as to the cause of death mentioned in the post mortem notes, which indicates probable cause of death is due to Cardio Respiratory Arrest due to Hypoudlemia due to Spleenic Rupture and Lung laceration. Final opinion is reserved as the viscera is preserved for chemical analysis. Apart from it, during the post mortem, total 8 external injuries were noticed on the dead body of the victim. Connecting all these 8 injuries to the probable cause of death, then at least at this stage, it is to be prima facie inferred that the death of deceased Dashrath is a homicidal death. The said CR came to be registered immediately after the alleged incident occurred on 03/02/2010, in Dharur Police Station, by the brother of the deceased. It is revealed from the papers of investigation that the case of the prosecution is based circumstances. The incriminating circumstances against the present 3 applicant as well as others are that in the early night of 02/02/2010, deceased Dashrath was collected by this applicant and 3 others from his residence, in that night deceased did not return, hence in the early hours of the following day, he was searched by his relatives. Dead body of the deceased was noticed lying in injured condition near the water tank of village Kasba Vibhag. During the investigation, at the instance of this applicant, two sticks are recovered. According to learned counsel for applicant, there were no blood stains on these sticks at the same time, according to APP, there were blood stains on these sticks. At the instance of applicant and others, clothes on their persons, stained with blood were recovered. Also the clothes on the person of the deceased were removed by completing the requisite formalities of memorandum. The incriminating circumstance against this applicant is that the blood found on the clothes of his person and on the clothes of deceased was matching each other. It require to be noted that after the arrest of present applicant, he was medically examined to find out whether there are any injury or not. It is further surprising that for the grouping purpose, blood of applicant as well as 3 other persons, was also not collected for investigation purpose, then no question arise 4 that the samples of blood were sent for chemical test and grouping purpose. Bearing in mind this fact, which was not considered by the Investigation Officer, and on the same piece of evidence, when the other applicants were released on bail, this applicant is also entitled for bail, even though it was urged by the learned APP that there is motive behind this crime at the hands of present applicant, but it will be considered at the time of trial and not at this stage. In view of this, Application is allowed. 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. After release on bail, applicant not to contact prosecution witnesses. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2510-10