IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1168 OF 2008 APPLICATION NO. 1168 OF 2008 APPLICATION NO. 1168 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 604 OF 2008 APPEAL NO. 604 OF 2008 APPEAL NO. 604 OF 2008 Shri Bholanath Pandu Tandel ] .. Applicant Versus The State of Maharashtra ] .. Respondent Mr. K.S. Patil for the applicant. Mrs. A.S. Pai, APP, for the respondent - State. CORAM: S.B. MHASE & A.A. SAYED, JJ. DATED: 17TH OCTOBER, 2008 P.C. : 1. Heard both sides. 2. The applicant is a convict under section 302 of the Indian Penal Code. However, on going through the prosecution story, what we find is that initially there was some quarrel between the accused with one Vijay Tandel and at that time, Umesh Tare the deceased was standing by the side and he intervened. The accused gave a single blow of a wooden log which was in his hand on the head of the deceased as a result of which Umesh fell unconscious and ultimately succumbed to the injury. : 2 : Looking to the fact that there was only a single blow given to an intervenor it is difficult to, prima facie, infer that there was an intention to kill so as to convict the accused for murder. At the most, it may be a case of homicidal death, not amounting to murder under section 299 read with section 304 IPC and, therefore, we are inclined to grant bail. 3. The applicant be released on bail of Rs.10,000/- with like surety. 4. Criminal Application, accordingly, stands disposed of. Sd/- Sd/- [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]