1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3902 OF 2009 Shri Sanjay Mangalsingh Dange ...Applicant vs. The State of Maharashtra ...Respondent Mr.P.L. Sapkale for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 25, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested on 24th March, 2008 in connection with an offence registered vide C.R.No.I-45/2008 with Kalyan Taluka Police Station punishable under Sections 302, 323, 506, 34 of the IPC. 2 3 Prosecution case is that the applicant assaulted the deceased with a wooden stick as a result of which he sustained one injury on the head and other six abrasions on the other parts of the body and he died after four days due to the injury caused on the head. 4 Counsel appearing on behalf of the applicant submitted that even according to the prosecution, the applicant has assaulted the deceased with an iron stick and there is only one injury on the head of the deceased and the other injuries are abrasions. It is submitted that therefore, the intention of the applicant was not to commit the murder of the deceased who was the husband of the niece. He submitted that the charge sheet has been filed and the applicant is languishing in jail for one and half year. It is submitted that at the highest, the case would fall under Section 304(2) and not under Section 302. 3 5 In my view, there is some substance in the submission made by the Counsel for the applicant. Even according to the eye witnesses, the applicant had assaulted the deceased with an iron stick and there was one injury on his head which had resulted in the death of the deceased after four days of the incident. It does appear prima facie that the ingredients of Section 302 may not be strictly attracted taking into consideration the role attributed to the applicant and the nature of injury received by the deceased. Taking into consideration these facts, therefore, the applicant is entitled to be released on bail. 6 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall, however, report to the concerned police station twice in a month. 7 The trial court shall not be influenced by 4 any of the observations made by this Court while granting bail to the present applicant and it shall decide the case on merits and in accordance with law.` 8 The application is disposed of. (V.M. KANADE, J.)