Mancharam S/O Asaram Naimane And ANR v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 879 OF 2015 MANCHARAM S/O ASARAM NAIMANE & ANR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Salunke Sudarshan J. APP for Respondent: Mr. V. A. Deshmukh.

*** CORAM: T. V. NALAWADE, J.

DATED: 13th MARCH, 2015.

PER COURT:

1.

This application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

The crime is registered on the basis of report given by mother of the deceased. Deceased Harsing had married with daughter of Applicant No.1. Applicant No.2 is a son of Applicant No.1. There was dispute between the deceased and his wife. Out of that dispute, some land was transferred in the name of wife but the wife was not satisfied. Allegations are made that on 27th October, 2014 the applicants, the wife of the deceased and mother of the wife of the deceased came to the house of the complainant.

-:(2):- They picked up quarrel and they assaulted the deceased by using sticks and iron rod. Allegations are made that the beating was given on the bottom of the foot and other part of the body and due to which the deceased became unconscious. attempt was made to save his life by shiting him to the hospital but in the hospital he was declared to be dead. There is a material like statement of eye witness that applicant took part in the assault. P.M. report shows that contusion was found on right leg below knee. Another contusion was found on left leg and contusions were found on right hand, left hand and also back. There were five contusions. In P.M. report possible cause of death was given as Cardiogenic shock but the opinion was reserved. Today learned A.P.P. submitted advance opinion given regarding cause of death and it is as under:

"Cause of death is due to the cardiac arrest due to Auternyo cardial infractopm"

3.

In view of the nature of material and particularly cause of death it is not desirable to keep the applicants behind bars till disposal of the case. The Applicant are arrested on 28th October, 2014. Statement is made that this is the first application filed for bail, in this Court. It is not certain as to when the case will be decided.

3.

In the result, the application is allowed. The applicants are to be released on bail on their furnishing P.R. and S.B. of

-:(3):- Rs. 15,000/- by each of them.

4.

They are not to tamper with the prosecution witnesses. They are not to commit similar offence. They are not to enter the village of the complainant and witnesses till disposal of the case.

[T. V. NALAWADE, J.] Dt.13/03/2015 ans/879