Randhirsingh S/O. Rambahadur Singh v. The State Of Maharashtra Thr. Police Station Officer Police Station Sonegaon Nagpur

1 ba 872.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [BA] NO.872 OF 2016 [Randhirsingh s/o Rambahadur Singh .vs. The State of Maharashtra, through Police Station Officer, Police Station, Sonegaon, Nagpur] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.B. SHUKRE, J.

DATED : OCTOBER 13, 2016.

Heard Shri R.M. Daga, learned counsel for the applicant and Shri T.A. Mirza, learned A.P.P. for the respondent-State. Perused the case diary.

It is seen from the postmortem report that although doctor has opined that injuries to heart and lung constitute the probable cause of death of the deceased, the doctor has refrained from saying anything about the injuries to heart and lung being the result of beating that deceased was subjected to as per the allegation made against this applicant. It is also seen that the rib cage was not fractured. Therefore, at this stage, it is a riddle as to who has caused to injuries to heart and lung. The postmortem report, prima facie, does not throw any light on this aspect of the case. The external injuries disclosed in the postmortem report are in the nature of abrasions and contusions. The applicant has been arrested on 29.7.2016. The major part of the investigation is already over. In these circumstances, I am of the view that this application can be allowed. Hence, the order :

The application is allowed and it is directed that the applicant be released on bail on his furnishing a P.R.

2 ba 872.16.odt Bond in the sum of Rs.20,000/- together with one solvent surety in the like sum with the condition that the applicant shall regularly attend the court proceedings on the dates fixed in the matter, shall co-operate with the trial court in the expeditious trial of the case and shall not tamper with the prosecution witnesses.

JUDGE Gulande

3 ba 872.16.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : A.S. Gulande, PA Uploaded on : 14.10.2016