Bombay High Court
Shubham @ Suraj S/O. Babarao Bhagat vs The State Of Maharashtra, Thr. Pso Ps ... on 28 June, 2021
Author: Vinay Joshi
Bench: V. G. Joshi
Order 19BA559
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO. 559/2021
Shubham @ Suraj S/o Babarao Bhagat
VERSUS
State of Maharashtra
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri A. M. Jaltare, Advocate for applicant.
Shri M. J. Khan. APP for State/non-applicant.
CORAM : VINAY JOSHI, J.
DATE : 28.06. 2021.
Hearing was conducted through Video Conferencing.
2. The applicant was came to be arrested by the Police of Seloo, Dist. Wardha in Crime No. 07/2021 for the offence punishable under Sections 302, 323 of the Indian Penal Code.
3. The prosecution story in nutshell is that a quarrel was going on in between deceased and one Kishore in which deceased was giving abuses. The applicant a nearby resident intervened the quarrel and asked deceased for not to give abuses. ::: Uploaded on - 28/06/2021 ::: Downloaded on - 29/06/2021 04:55:32 :::
Order 19BA559 2 Applicant's intervention resulted into scuffle in which applicant manhandled and pushed deceased on which he fell on concrete road and sustained head injury. On the following date, deceased succumbed to the head injury. Postmortem report shows the cause of death as head injury whilst death summary speaks about cardiac arrest.
4. Apparently, it was not a pre-mediated assault nor any weapons was used. There was no motive for applicant to assult. The applicant's contention that the offence punishable under Section 302 of the Indian Penal Code would not attract, requires consideration.
5. The investigation is complete and charge-sheet is filed. Having regard to the peculiar facts, further detention of applicant is no more required. Already, this Court has granted interim bail to the applicant vide order dated 14.06.2021. In view of that, application is allowed. ::: Uploaded on - 28/06/2021 ::: Downloaded on - 29/06/2021 04:55:32 :::
Order 19BA559 3
6. Interim order dated 14.06.2021 is hereby made absolutely on same terms and conditions.
7. Application stands disposed of.
JUDGE Gohane.
::: Uploaded on - 28/06/2021 ::: Downloaded on - 29/06/2021 04:55:32 :::