MOHAMMED IQBAL VALO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) One Hamid of Mumbra while proceeding with his friend, was assaulted by the petitioner by means of iron rod and knife on 8-8-1996. Thereafter, this Hamid was taken to the hospital and he died on 10-8-1996. On the complaint of Shaukat Ali, offence came to be registered initially under section 326 of the IPC but later on converted to section 302 of IPC on the death of Hamid. Petitioner came to be arrested in that connection and he had applied for grant of bail to the Sessions Court, Thane but his application came to be rejected on 17-12-1996.

(2.) I have heard Mrs.Aesankar for the petitioner and Mrs.Pingulkar, APP for the respondent-State. From the copy of the post-mortem report it would be seen that cause of death has been recorded as Asporation Pnemonia. No doubt, evidence of the eye-witness shows that there was assault by the petitioner with iron rod and knife on the person of Hamid, but that does not appear to be the cause of death as discussed in the post-mortem report. In these circumstances, I find this to be a fit case to grant bail.

(3.) Accordingly, petitioner is directed to be released on bail on his furnishing solvent security to the extent of Rs.10,000/- (ten thousand) and PR bond for like amount on condition that he would report to Mumbra Police Station twice a week on Monday and Thursday, at any time between 8 a.m. to 6 p.m. Bail before Sessions Judge, Thane.