{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 195 OF 2010 Shivaji s/o Pandurang Chaudhari APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.N.L.Jadhav, Advocate for applicant Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th January 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.120/209 registered with Neknoor police station, as the applicant is in jail since 17.11.2009 and after completion of investigation charge sheet has been filed. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation. 3. Admittedly, the incident has occurred in a broad day {2} light i.e. at 4.00 p.m. on 20.09.2009. It is alleged that the applicant, who is 36 years old, has given fists and kick blows to the deceased by name Nivrutti, who is 62 years old. The said incident is witnesses by 3/4 witnesses. It is contended by learned counsel for the applicant that the applicant is arrested late. Learned APP has asserted that as the applicant was absconding since the date of incident, he came to be arrested subsequently. 4. Perusal of PM notes clearly indicates that the death of the deceased is caused due to cardio respiratory attack. The injuries mentioned in the PM notes reflect that blood found congested in both the lungs of the deceased, due to the assault. Thus, it prima faice appears that the death of the deceased is caused due to the blows given by the applicant on the chest of the deceased. There is prima facie nexus between the death of the deceased and role alleged against the applicant, which amounts to an offence punishable for life imprisonment or capital punishment. Considering the serious allegations against the applicant the applicant is not entitled for the discretion or leniency. 5. In the result, the application, which is sans merits stands rejected. [A.V.POTDAR, J.] drp/A10/criapln195­10