abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 108 OF 2008 Damaji Yashwant Jawir .. Applicant V/s The State of Maharashtra .. Respondent Mr.S.M. Oak i/b Mr.M.D. Madgi for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 27TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with an offence registered at Mangalwedha Police Station, Solapur under C.R. No.155/2007 punishable under sections 302, 452, 323, 504, 505 read with 34 of the Indian Penal Code. 3. The prosecution case in short is that on 21st September 2007 at about 7.00 p.m., there was a quarrel between the wife and the daughter of the deceased - 2 - Vishwambar Ramchandra Gejge and the guests of Netaji Yeshwant Jawir. As the deceased went there, Shashikant Hegde, Shobha Hegde, Anusya Jawir and the present applicant started abusing him. Shashikant assaulted the deceased with an axe on the head. The applicant allegedly gave a stick blow on the back of the deceased. The deceased was injured and was removed to the hospital. Unfortunately, he succumbed to the head injury caused by the axe blow given by Shashikant. 4. Statement of the deceased was recorded by the police on 22nd January 2007 while he was alive. The deceased has stated that Shashikant assaulted him by a blow of axe on his head and the applicant only gave one stick blow on his back. The post mortem report does not show any injury on the back of the deceased. Even as per the prosecution, only one blow of stick was given by the applicant on the back of the deceased which in the ordinary course was not sufficient to cause the death of the deceased. 5. The applicant is in custody for more than 5 months, i.e. from 26th September 2007. The trial is not likely to be over soon. 6. Taking into consideration the nature of evidence and the nature of blow allegedly given by the applicant - 3 - and also considering the fact that the applicant is in custody for more than 5 months and the trial is not likely to be over soon, in my view, the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on executing personal bond of Rs.20,000/- with one or two sureties to make up the aggregate amount of Rs.20,000/- subject to the following conditions:- (a) The applicant shall not make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (b) The applicant shall attend the concerned police station once a month between 1st and 5th of every British calendar month. (c) The applicant shall also attend the court on every date fixed for the trial. (d) The applicant shall not change his place of residence without prior intimation to the police. - 4 - . It is clarified that all observations made herein are prima facie and the court at the trial shall not be in any way influenced by any of the observations herein. (D.G. KARNIK, J.)