1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4407 OF 2008 Sanjay Dattatraya Thalpati .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.V.V.Purwant for the applicant. Ms.A.T.Javeri A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 10TH DECEMBER, 2008. DATED : 10TH DECEMBER, 2008. DATED : 10TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.121 of 2008 of Barshi police station, Taluka Barshi, Dist.Solapur. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 302 of IPC. 3. The prosecution case is that on 20th July, 2008 in the evening there was a quarrel between the deceased and the applicant. The applicant was demanding Rs.250/- from the deceased. It is alleged that the applicant with one hand held the cycle and with other the neck of the deceased. The applicant then allegedly kicked him when the deceased and his 2 2 2 cycle fell down and then the applicant left. Mr.Purwant, learned counsel for the applicant submitted that manner in which the alleged incident occured the applicant cannot be stated to have assaulted the deceased with an intention to kill him. He submitted that at the most provisions of section 304 Part II of IPC would be attracted. I have perused the statements of all the eye witnesses and the post mortem report. Prima facie I find substance in the submissions of Mr.Purwant, learned counsel for the applicant. In the circumstances I am inclined to enlarge the applicant on bail. Hence the following order: . The applicant to be released on bail in the sum of Rs.35,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 7 and 8 pm till conclusion of the trial. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)