Nandabai Vilas Sawant v. The State Of Maharashtra

1 /2 ABA-2059-17-14 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2059 OF 2017 Sau. Nandabai Vilas Sawant ..Applicant.

vs.

The State of Maharashtra ..Respondent.

Mr. Balwant Salunke i/by Hamid Mulla for the Applicant. Mr. Vinod Chate, APP. for the State.

CORAM: A.S.GADKARI, J.

DATE : 07th December, 2017.

P.C.

1.

By an order dated 23.11.2017 the applicant was granted interim relief.

2.

It is the prosecution case that the applicant along with other accused persons committed criminal trespass in the house for the first informant namely Pandurang Patil when his mother namely Satyabhama aged about 75 years was present therein. That, some of the accused persons were holding swords in their hands and created rukus in the house After accused persons left the premises the first informant noticed that his mother Satyabhama is unconscious, was not responding and her movements were stopped. That, she was declared dead before admission to hospital. It is stated in the FIR that due to physiological shock said Satybhama died on

2 /2 ABA-2059-17-14 the spot. The Medical Officer has given opinion as to the probable cause of death as "Cardio respiratory arrest due to acute myocardial infraction". It prima facie appears that the deceased had a natural death due to old age.

3.

In view thereof, the interim relief granted by an order dated 23.11.2017 is hereby confirmed.

4.

Application is accordingly allowed.

(A.S.GADKARI, J.)