{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4510 OF 2009 Ashok s/o Malyya Koyandwar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.K.S.Lokhande, Advocate for applicant Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th January 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.115/2009 registered with Camp police station, Ahmednagar for an offence punishable u/s 302 of the Indian Penal Code as the applicant is arrested on 25.09.2009 and since then he is in custody. 2. It is informed that the investigation is over and charge sheet has been filed on 18.12.2009. 3. Heard learned counsel for the applicant followed by learned APP. {2} 4. It appears that the offence came to be registered on the complaint of brother of the deceased. It is alleged that in the evening of 25.09.2009, when the complainant and deceased were proceeding in a market place and when they reached in front of the shop of the applicant, applicant get enraged as the deceased has not buttoned his shirt and was moving bare chest. In a fit of anger, the applicant assaulted the deceased, consequently the brother of the complainant died on the spot. 5. The post mortem notes show that the death of the victim is caused due to asphyxia due to throttling. Though it is alleged that at the time of incident the deceased and the complainant had consumed alcohol and hence the deceased could not balance himself and fall on a wooden pole and expired due to same, yet no alcohol was found at the time of post mortem, which was conducted immediately after the death of the victim. Thus, it prima facie appears that the death of the victim has been caused due to assault by the applicant, that too on a very trivial matter. If the applicant is a person of such short temper, then it is not safe to release him on bail, though the investigation is over. In the result, the application, which is sans merits stands rejected. [A.V.POTDAR, J.] drp/A10/criapln4510-09