1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2709 OF 2010 1. Munna @ Mannan S/o.Rajak Patel, Age-35 years, Occu-Business, 2. Shaikh Nadim S/o.Khayum, Age-19 years, Occu-Labour, Both are R/o.Ole Renapur Naka, Jafar Nagar, Latur, Dist. Latur APPLICANTS VERSUS 1. The State of Maharashtra, 2. Superintendent of Police, Dist. Latur RESPONDENTS Mrs.S.S.Jadhav, learned counsel for applicants. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 04/08/2010 PER COURT : 1. By the present application, the applicants have prayed this Court for their release on anticipatory bail, in the event of their arrest in connection with CR No.121/2010, registered in Gandhi Chowk Police Station, Latur. 2. On 28/07/2010, interim protection was granted to these 2 applicants. 3. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 4. Papers of investigation discloses that truck bearing no.MP-07/AB-0762 having Madhya Pradesh RTO passing, belongs to the Transport Company at Gwalior, had carried the goods to Latur, State of Maharashtra on 11/04/2010. After the truck was unloaded, driver of the truck returned to the company office of the first applicant in this application. It appears that on 12/04/2010, Proprietor of Khan Traders had sent the requisition to the first applicant to provide truck to carry his luggage. On 12/04/2010, this truck was parked in front of the company office of first applicant where second applicant is serving. Name of the driver of the truck is Ramavatar while name of the cleaner is Rinku. It appears that throughout the day, driver of the truck had consumed liquor, but had not taken meal. After the condition of the driver was noticed by the first applicant, he informed the condition to the applicant in Cri.Appl. No.2707/2010, who had sent this truck to the first applicant. On arrival of that applicant, Ramavatar was admitted in Civil Hospital at Latur and the incident was reported at Gwalior. It appears that on 14/04/2010, two person deputed by the owner of transport company, reached Latur to fetch the truck and to take back the said Ramavatar and Rinku back to Gwalior. With the help of these applicants and others, Ramavatar get discharged from the Civil Hospital at Latur. 3 Then those 2 persons carried the truck driver and cleaner to Gwalior. That truck reached at Gwalior on 18/04/2010. On that day, said Ramavar was admitted in the hospital, where he was reported to be dead. During the post mortem, several external injuries were noticed on the person of Ramavatar. Due to that, the incident was reported in Bahodapura Police Station at Gwalior and was registered by '0' number and the said complaint alongwith the statement of cleaner of the truck and others were sent to Gandhi Chowk Police Station, Latur for further investigation, where the offence was registered vide CR No.121/2010. 5. According to learned counsel for applicants, the applicants have nothing to do with the injuries, which were found on the person of Driver Ramavatar. At the earlier stage also, same stand was taken, but the application was vehemently opposed by the prosecution on ground that the injuries found on the person of driver Ramavat resulted in his death, but at that time, papers of treatment to Ramavatar in Latur Hospital were not available with prosecution, which were today made available for the perusal of this Court. Perusal of medical treatment of Ramavatar provided in Civil Hospital Latur indicates no external injuries on his person at the time of his admission in the hospital as well as discharge from Civil Hospital Latur, which were noticed during post mortem, at Gwalior. Considering these 2 documents about the medical treatment provided to deceased Ramavatar after he was discharged from the hospital at Latur, how and where the Ramavatar had sustained 4 those injuries, this is not the place to criticize these aspects, but considering the fact that when the Ramavatar was admitted in the hospital at Latur and when he was discharged, no injuries were noticed, then the applicants are entitled for pre-arrest bail. In view of this, application is allowed. Interim protection granted on 28/07/2010 is hereby extended till filing of the charge sheet. Within meantime, the applicants to co-operate the investigation agency. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2709-10