1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2100 OF 2009 Abhijeet Shivaji Bhosale .. Applicant Vs State of Maharashtra .. Respondent Mr. Anand S Patil, Advocate for the Applicant. Ms.P.P.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 19/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in Sessions Case No.164 of 2006 arising from C.R.No.151 of 2006 of Juna Rajawada Police Station, Kolhapur. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 302 of IPC. 3. The incident, in question, occurred on 29.7.2006 at about 9.30 am. It appears, a day before, there was quarrel between the deceased and the applicant over the applicant’s dog. The T 2 complainant-Tajani Kamble has stated that on 29.7.2006 in the morning at about 9.30 while he was standing at the entrance of his house, he saw the applicant inflicting blow with the knife on the chest of Shivaji Kamble. It appears, the applicant also lodged a complaint on the very same day in which he has stated that there was a scuffle in which the deceased assaulted him with fist and kick blows, when in a fit of rage he assaulted the deceased with knife. The medical evidence shows that there is only one stab injury, which caused the death of Shivaji. Mr.Patil, learned counsel for the applicant, submits that the alleged incident was a result of grave and sudden provocation and that the applicant never intended to kill Shivaji. He further submits that the applicant was hardly 19-20 years old boy when the alleged incident occurred and he is in jail for about three years. He further submits that the trial is not likely to commence immediately. Keeping that in view and having considered overall facts and circumstances of the case, I am satisfied that continued detention of the applicant is not necessary. Hence, the following order. The applicant-Abhijeet Shivaji Bhosale is directed to be enlarged on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned 3 police station on every alternate Saturday between 6 and 7 pm till conclusion of the trial. 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 uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)