The High Court of Judicature at Bombay heard an anticipatory bail application from Ganesh Sitaram Gawari, accused of murder under IPC Section 302 r/w 34. The incident arose from a vehicular dispute leading to an assault on Lalchand Ramdeo Pal, who later died from injuries. The court, noting the lack of criminal antecedents and no evidence of intent to kill, granted bail under specific conditions.

Introduction

• Case: Anticipatory Bail Application No. 1723 of 2016
• Applicant: Ganesh Sitaram Gawari
• Respondent: State of Maharashtra
• Coram: Mrs. Mridula Bhatkar, J.
• Date: 10th January 2017

Case Background

• Incident Date: 06/05/2016
• Complainant: Vigunath Raghuvir Pal
• Deceased: Lalchand Ramdeo Pal
• Allegations: Assault leading to death due to a vehicular dispute.

Arguments

• Applicant’s Counsel:
  • No intent to kill; assault was spontaneous.
  • Applicant available to police since the incident.
• Prosecution:
  • Charges of murder under IPC Section 302.
  • Deceased named the applicant in a statement.
  • The applicant was absconding.

Court Observations

• FIR & Witness Statements: Reviewed.
• Post-Mortem Report: Death due to septicemia from intestinal perforation caused by the assault.
• Context: Sudden quarrel, no weapon used, no criminal history of the applicant, no mens rea (intent to kill).

Court Order

• Bail Granted:
  • P.R. Bond of Rs. 50,000 with sureties.
  • Cooperate with police investigation.
  • No tampering with evidence or pressurizing the complainant.
  • No further criminal activities.
• Conclusion: Application disposed of on these terms.

Final Disposition

• The application for anticipatory bail was granted under specified conditions to ensure the applicant’s cooperation with the investigation while mitigating risks of tampering or further criminal conduct.