BA 879/25 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 46 BAIL APPLICATION NO. 879 OF 2025 MEHBOOB KHUSHAAL CHANDA VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicant : Mr. G.R. Syed APP for Respondent/State : Mr. P.P. Dawalkar ... CORAM : ARUN R. PEDNEKER, J. DATE : 18/08/2025 P.C. : 1. Heard the learned counsel for the applicant and the learned APP for the respondent-State. 2. The applicant is seeking bail as he is arrested in connection with Crime No. 207/2024 dated 10.10.2024 registered with Jalkot Police Station, Tq. Jalkot, Dist. Latur for the offence punishable under sections 103(1), 115(2), 352, 324(4) of B.N.S., 2023. 3. Applicant is brother of informant and younger son of the deceased Goranbi Khushal Chanda. It is stated that on 9.10.2024 the applicant came in the house of deceased at about 5.00 p.m. The applicant has damaged the Tata Magic Loading vehicle of the informant by pelting stones on account of dispute pertaining to property. It is further stated that applicant caught hold collor of the shirt of the informant and when daughter of informant and deceased Gauranbi had intervene in the incident, the applicant pushed the deceased and given kick and fist blows on her back and chest. Thereafter, the informant along with his wife and daugher went to police station and police referred to them to medical examination. It is stated by the nice of the informant to informant that due to beating given by the applicant by fist and kick blows and 2025:BHC-AUG:22439 BA 879/25 2 brick the mother of the informant became unconscious. Thereafter, mother of the informant was referred to Government Hospital where she was declared dead. It is alleged that applicant has beaten the deceased and as such, she succumbed to the injuries. 4. The learned counsel for the applicant submits that the applicant is arrested on 10.10.2024 and since then he is behind bars. Investigation in the matter is complete and chargesheet is also filed. The learned counsel submits that the injuries are due to fall and severe heart attack and there is no injury caused by the applicant and the death is caused due to the coronary heart disease. The learned counsel therefore prays to release the applicant on regular bail. 5. The learned APP strongly opposed the application by submitting that the applicant has assaulted the deceased by fist and kick blows and brick and due to that death has been caused. The learned APP therefore prays to reject the application. 6. Perusal of the P.M. report shows that the cause of death of deceased is “coronary artery disease”. In column 17 of the P.M. report injuries noted on the deceased are as under :- “(i) Contused of size 2x1 cm present anterior aspect left knee, irregular in shape, reddish in colour and (ii) Contused of size 4x2 cm present lateral aspect middle 1/3 of right forearm, irregular in shape, reddish in colour.” In view of the above P.M. report, police has further sought report from the doctor. The relevant portion of the report is as under :- “lnfjy e;rkps ej.kkps dkj.k gs Coronary Artery Disease Eg.ktsp g~n;fodkjkP;k >VD;kus >kysyk vkgs- rjh lnjhy e;rkpk eqR;q gk e;rkl >kysY;k ykFkk cqD;kus gksow “kdr ukgh” 7. Considering the above report of the doctor, prima facie at this stage, it is difficult to infer that death is caused due to assault made by the applicant. BA 879/25 3 The report shows that death is caused due to heart attack suffered by the deceased. Considering the same, bail can be granted to the applicant. 8. In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 207/2024 dated 10.10.2024 registered with Jalkot Police Station, Tq. Jalkot, Dist. Latur for the offence punishable under sections 103(1), 115(2), 352, 324(4) of B.N.S., 2023, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, shall not contact the informant or witnesses in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing. d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case. e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 9. Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 10. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove. 11. The application stands disposed of. [ARUN R. PEDNEKER, J.] SSC/