Arguing on this third bail application, it is submitted by learned Senior Counsel that despite directions of the Court, after rejection of second bail application, there is no material progress in the trial inasmuch as only one more prosecution witness is examined. Learned Senior Counsel further submits that a cumulative reading of the statements of P.W.11-Dr. Sunil Sharma and P.W.12-Dr. Lalit Kumar Bhatia, it is abundantly clear that there was a hair line fracture of 9th rib but otherwise the same was intact. It is also borne out from the statements that right lung of deceased was intact and there was no sign of any puncture of the lung. It is also argued by learned Senior Counsel that P.W.11, during his cross-examination, has very candidly admitted that though he has mentioned fracture of 9th rib but he has not mentioned part of the rib, which was allegedly fractured. It is also submitted by learned Senior Counsel that as per statements of P.W.12, Neurosurgeon, when the deceased was admitted, he was in conscious state and all his organs were functioning. Learned Senior Counsel has further argued that at the time of admission, as per version of the doctor, deceased has not made any complaint about pain or injury on the right side of his chest. By relying on these two statements, learned Senior Counsel has argued that there is substantial change in the circumstances after rejection of second bail application inasmuch as it is rather difficult to prima facie ascertain cause of death of the deceased.
