1 Cri-A-5229-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5229 OF 2010 Mohan Kisan Mhetre ... Applicant (Orig. Accused) Vs. State of Maharashtra ... Respondent Mr. Vikas Shirarkar, Advocate, for the applicant. Ms. A.T.Javeri, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 11th January, 2011. P.C. 1. The applicant, who is in custody in Crime No.60/2010 under Sec. 302 of IPC registered at Jejuri Police Station, Pune, seeks bail. 2. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers filed with the charge-sheet. 3. It appears that the applicant/accused was working as labourer for digging a well in the field of deceased Gajanan. As per the FIR lodged by Sagar son of deceased Gajanan, on 24.5.2010 at about 6.30 p.m. the accused went to the house of Gajanan. The accused told him that he would stop the work. When Gajanan asked the accused as to why he would stop the work, there was 2 Cri-A-5229-10.sxw exchange of abuses and then accused gave a stick blow on the head of Gajanan, due to which bleeding injury was caused. The accused went away. Gajanan was taken to a hospital and offence under Sec. 324 of IPC was registered. On 25.5.2010, said Gajanan succumbed to the injury and Sec. 302 of IPC came to be added. 4. It appears that there was dispute about the payment of wages and therefore the accused threatened to stop the work of the well and it resulted into exchange of hot words and quarrel. The quarrel took place abruptly and during that incident, the accused gave a single blow with stick on the head of the deceased which resulted into death. There is no previous criminal record of the present applicant. He is a poor labourer. The learned Counsel for the applicant states that if bail is granted, the applicant will not even enter the village Walunj where the incident occurred. 5. In view of the circumstances, the applicant be released on his executing P.R. of Rs.15,000/- with one 5urety in the like amount with condition that he shall not tamper with the prosecution evidence and shall not enter the Village Walunj till end of the trial. (J.H.BHATIA,J.)