1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4178 OF 2010 Prakash S. Amborkar ...Applicant. v. The State of Maharashtra ...Respondents. Mr. R.D.Suryawanshi, adv. For the Applicant. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 10, 2011. P.C. 1 Applicant, who is accused in Crime No.180 of 2009 registered by Ambernath police station for the offences punishable under Section 302 of the I.P.C. seeks bail. 2 Prosecution case in brief is that first informant Paramjeet Singh and his friend Shridhar Deshmukh consumed liquor and while they were proceeding towards their house, they stopped in front of Bombay Photo Studio. Their another friend Tabbi also joined them. At 12.15 in the night of 25.11.2009, these three friends were chitchatting. At that time accused Prakash came out from his house with iron rod and asked these persons to go away. On this Shridhar threatened accused Prakash by asking “Do you know who we are”. After this there was 2 exchange of abuses and fist blows. They were separated by other persons, who were present. Then Shridhar, who is also resident of the same locality, went to his house and came with an iron bumper of rickshaw to assault Prakash. His son Ankush also came there. At that time accused Prakash gave a blow with iron rod on the head of the Shridhar due to which he suffered bleeding injury on the head and fell down. Ankush son of Shridhar also gave a blow to Prakash due to which bone of his leg was fractured. It appears that injured Shridhar as well as injured Prakash were taken to the hospital. Shridhar died on 4.12.2009 due to head injury. Prakash was initially admitted in some hospital at Ulhasnagar and then he was shifted to J.J.Hospital where he was indoor patient upto 2.1.2010 for the compound fracture of the right leg bone. 3 From the facts noted above, it appears that there was no previous enmity between the parties nor there was any preparation to commit offence. At the spur of the moment, after exchange of hot words, some fight took place and thereafter the present applicant assaulted the deceased with iron rod while he himself was also assaulted and seriously injured. Taking into consideration the above facts, it is a fit case to grant bail. 4 Therefore, the applicant be released on his executing PR of 3 Rs.25,000/- with one or two sureties to make up the amount with condition that he shall not tamper the prosecution evidence. (J.H. BHATIA,J.)