1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4137 OF 2007 Manoj Bakelal Mishra .. Applicant versus State of Maharashtra .. Respondent ... Mr.A.P. Mundargi i/b S.V. Marwadi for the applicant Mrs.M.M. Deshmukh APP for the State. CORAM : D.G.KARNIK, J DATED : 5th February 2008 P.C.: 1. Heard. 2. The applicant seeks bail in respect of the offence registered against him with Charkop police station under C.R. No.69 of 2008 for offence punishable u/s.302 of the IPC. 3. The applicant is charged with an offence punishable u/s.302 of the IPC in Sessions Case No.643 2 of 2007. The applicant had previously made an application for bail in this court before the charge-sheet was filed. However, as the charge-sheet was filed subsequently, application was withdrawn with liberty to move the Sessions Court for bail. The applicant accordingly moved for bail to the Sessions Court which by its order dated 1st November 2007 has rejected it. Hence, applicant has moved this court for bail. 4. The prosecution case in brief is that the applicant and the deceased were members of a Bhishi and on account of the alleged non payment of certain loan drawn by the deceased from the Bhishi, the applicant went to his house on 6th May 2000. There the applicant assaulted the deceased with fist blows. The deceased fell down and his head was banged on the ground. The deceased was then moved to the hospital by the applicant himself along with others where he was declared dead. The post mortem report does not show any major injury on the body of the deceased except two small injuries, one over the cheek and one over the chin. The skull was also not fractured and there was no external injury on the head. The post mortem report concludes that the deceased died due to head injury. 3 5. Prima facie the facts do not disclose that applicant had any intention to kill the deceased. In fact, it is the applicant who removed the deceased to the hospital. The offence prima facie appears to be punishable under Part II of section 304 which is punishable with imprisonment for 10 years. 6. Taking into consideration that prima facie intention to kill is not disclosed and also the fact that the deceased was moved to the hospital by the applicant himself and also the fact that the applicant is in jail for a period of more than eight months and the trial is not likely to commence soon, in my view, the applicant is entitled to a conditional bail. Hence, I pass the following order:- O R D E R . The applicant shall be released on bail on executing personal bond of Rs.30,000/- with two sureties of the like amount subject to the condition that the applicant shall not make any inducement or give any threat to the prosecution witness and shall report to the concerned police station once a month between 1st and 5th day of British Calendar month. 4 (D.G. KARNIK, J)