IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 857/08 Balkrushna Shamrao Chaudhari vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 31 st MARCH, 2008. Heard Shri C.A.Joshi, Advocate, for the applicant and Smt. T.D.Khade, A.P.P. for respondent. Interim order was passed on 12.3.2008. The learned A.P.P. contends that there is evidence of eye-witness. The main question in the present case is regarding the intention of the applicant i.e. whether the applicant has deliberately dashed the victim so that the offence under Section 307 of the I.P.C. is made out. It cannot be forgotten that even the evidence of eye witness do not specifically show that there was deliberate dash by the applicant so as to attempt to cause the murder of the victim. The question is debatable as to whether offence under Section 307 of I.P.C. is made out. In the circumstances, interim order needs to be confirmed. Accordingly it is confirmed as follows. In the event of arrest of the applicant for the offence u/ss 307, 333 of IPC in Crime No. 177/07 of Police Station Karanja Lad, he be released on bail on furnishing surety and P.R. Bond of Rs. 15,000/- subject to conditions that he shall report at Police Station Karanja Lad as and when directed by I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. Application stands disposed of. JUDGE Rvj.