IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( BAIL ) NO. 166 OF 2010 MR.RANJIT ARVIND GIRI (PRESENTLY IN JUDICIAL CUSTODY ... Applicant Versus STATE THROUGH P.I. ... Respondent Mr. M. Teles, Advocate for the applicant. Coram:- N. A. BRITTO, J. Date:- 9th July, 2010 P.C. Heard. 2. The applicant has been denied bail by learned Session Judge by Order dated 9.6.2010. Hence the application for bail before this Court. 3. The incident took place on 6.5.2010 out side Ganga Bar, Bambolim. It appears that the victim was found fallen on the road with bleeding from his nose. The hurt certificate shows that he had sustained fracture the nasal bone. He was admitted to GMC. The complaint by his wife Smt. Yamini Shirodkar, came to be filed only on 13.5.2010. The said complaint was initially registered under section 326 of Indian Penal Code. The victim died on 18.5.2010 and the offence was converted under section 304 of Indian Penal Code. 4. The investigations show that there was a quarrel between the accused and the deceased and the accused punched him on nose and left him unattended, to be shifted to G. M.C. by 108 ambulance service. The death of the deceased appears to be due to septicaemic shock and bilateral consolidation of lungs in a person undergoing treatment for damage to the nose and its underlying structures caused by blunt force impact. 5. The learned Sessions Judge, relied upon certain decisions but chose not to follow any. The Court has both a right and duty to satisfy itself that there are reasonable grounds for believing that the accused is involved in an offence punishable with death or imprisonment with life. This exercise the learned Session Judge does not appear to have done. The facts of the case clearly shows that the offence alleged against accused is certainly not one which can be termed as serious either being punishable with death or imprisonment for life. That being the position the learned Addi tonal Session Judge ought to have admitted the accused to bail. 6. Considering the facts, the bail application deserves to succeed. Applicant/accused shall be released on bail upon execution of bond of Rs.15,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge, Panaji. 7. Observations made herein are only for the purpose of deciding the bail application. N. A. BRITTO, J. vn