Kailas S/O Shankar Nikam v. The State Of Maharashtra

APPLN6693.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 6693 OF 2015 Kailas s/o Shankar Nikam, Age : 52 years, Occu. Agri., R/o. Dev Pimpri Phata, Tq. Jamner, Dist. Jalgaon.

... Applicant

VERSUS

The State of Maharashtra.

... Respondent ..........

Mr Jaiswal, Advocate h/f Mr N. S. Ghanekar, Advocate for the applicant Mr M. M. Nerlikar, APP for respondent/State .............

CORAM :

N. W. SAMBRE, J.

DATE : 11TH JANUARY, 2016.

PER COURT:

.

The applicant is seeking parity in view of the order passed by this Court on 12th October, 2015 in Criminal Application No. 5049 of 2015 thereby releasing one of the co-accused namely; Amol, on bail. 2.

Perused the investigation papers and the order referred to above dt. 12th October, 2015 passed by this Court.

3.

In the present case, it is not in dispute that final cause of death is "CRA due to acute myocardial infarction" i.e. cardiac arrest. Perusal of Postmortem report does not disclose any injuries. As such, it cannot

APPLN6693.2015.odt be attributed to the present applicant that due to attack of present applicant by means of iron rod, the deceased has died. In view thereof, it will be appropriate in my opinion to order release of the applicant on bail. Hence, I proceed to pass the following order.

ORDER

The applicant be released on bail, upon his executing P.R. bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in the like amount, in connection with Crime No. 72 of 2015 registered with Jamner Police Station, District Jalgaon for the offences punishable under Sections 302, 143, 147, 148, 149, 504, 323, 506 of the Indian Penal Code. 4.

Criminal Application stands allowed in above terms. [ N. W. SAMBRE ] JUDGE sgp