Advocates:
['N P HIWASE', 'S S JAISWALS S JAISWAL', 'S S JAISWAL', 'APP']

0606ba306.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Nagpur Bench : Nagpur

CRIMINAL APPLICATION (ba) No. 306 OF 2016

(Prakash @ Avaghad Bapurao Mohankar & ors. Vs. The State of Maharashtra)

--------------------------------------------------------------------------------------------------------------------------------------------------

Office

Notes,

Office

Memoranda of appearances,

Court's orders or directions &

Registrar’s orders.

Court's or Judge's orders

--------------------------------------------------------------------------------------------------------------------------------------------------

Mr. S.S. Jaiswal Advocate for the applicants.

Mr. S.S. Doifode, APP, for the non-applicant.

....

CORAM : S.B. SHUKRE, J.

DATED : 06^th June, 2016.

Heard.

It is seen from the F.I.R. as well as reply of the

prosecution that initially the offence that was registered against

the applicants was the one which was punishable under Section

325 of Indian Penal Code.

It appears that the applicants were arrested on

08.10.2015 and were released on the same day with the

allegation of commission of the offence punishable under

Section 325 of Indian Penal Code only. On 10.10.2015,

however, the victim succumbed to the injuries that he had

prima facie sustained in the alleged assault made upon him by

the applicants. The injury report that was initially signed by

the Doctor did indicate injury to cervical spine and the cause of

death as shown in the post mortem report is also injury to

spinal cord. In such a case, the question of intention as well as

0606ba306.16 2/2

knowledge with which the offence of commission of murder

was subsequently registered against the applicants would arise.

At this stage, it appears from the nature of allegations made

against the applicants that the prima facie intention to commit

the offence of culpable homicide amounting to murder or

knowledge required for prima facie constituting the said

offence cannot be said to be prima facie existing and, therefore,

this would be a fit case for grant of bail to the applicants.

Apart from what is stated above, custodial

interrogation of the applicants does not seem to be necessary as

no weapon for launching the assault has been used. The

applicants were also granted bail previously. Charge-sheet has

also been filed.

In the circumstances, I am inclined to grant this

application. The application is allowed. It is directed that the

applicants be released on bail on each of them executing a P.R.

Bond of Rs.45,000/- together with one solvent surety in the

like sum on conditions that they shall not tamper the

prosecution witnesses in any manner and shall attend the Court

regularly on the dates fixed by the trial Court.

(S.B. SHUKRE, J.)

/Tanveer Ahmed/

P.S.