UTTAM PANDURANG VAIDHYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Jaltare, learned Counsel for the applicant and Mrs. Deshmukh, learned APP for the non-applicant/State.

(2.) The applicant is arraigned for the offence punishable under Ss. 302, 324, 323, 504, 506, 143, 147, 148 and 149 of Indian Penal Code in Crime No.308/2021 registered with Police Station Shirpur. The incident is dtd. 3/10/2021. The applicant has been arrested on 5/10/2021. The charge-sheet has been filed on 30/12/2021.

(3.) Mr. Jaltare, learned Counsel for the applicant submits, that this is a case in which no specific assault is attributed to the applicant. By placing his reliance upon the death summary dtd. 4/10/2021 of Icon Hospital, Akola, (page 65), he submits, that the deceased passed away due to brady arrest, as a result of which, though he had been advised surgery on account of assault on the head, the same was required to be abandoned. He further places reliance upon the Post Mortem report [page 93, column 20 (g)] to support his contention, and therefore submits, that the applicant is entitled for bail.