1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 520 of 2010 [Dilip Vitthalrao Dadmal & others Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.V. Sirpurkar, Adv., for the Applicants. Mr. D.B. Yengal, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 09th June, 2010. 1. Heard learned Adv. Mr. S.V. Sirpurkar for the applicants and learned APP Mr. D.B. Yengal for respondent. Perused the Case Diary. 2. It is seen that applicants are three amongst four accused persons. 3. It is alleged that the accused persons have assaulted Wasudeo Naranje by stones, roofing tiles, fist and kick blows etc., and initially offence under Section 324 of Indian Penal Code was registered and due to the death of inured, offence under Section 302 of Indian Penal Code has been registered. 4. Application for bail is opposed on the ground of cause of death to be injuries on vital organs, such as chest and brain by use of stones and roofing tiles. 5. On perusal of evidence collected by the 2 Investigating Officer, it reveals that the intention of the accused persons was to chastise and teach a lesson or deter the victim from blackmagic which he was believed to be practising. 6. Prima facie, death was the precipitation than the intention. The occurrence of death would not ipso facto attract Section 302 of Indian Penal Code. 7. At this stage, from what appears prima facie, it cannot be concluded that the accused- applicants may be guilty of offence under Section 302 of Indian Penal Code. 8. Therefore, applicants are entitled to be released on bail. 9. Applicants be released on bail on furnishing a Personal Bond and a Solvent Surety in the sum of Rs.25,000-00 [rupees twenty-five thousand only] each. They shall attend the Police Station, Warora, once a week on every Monday between 5-00 p.m. and 7-00 p.m., till filing of charge-sheet. Judge |Hedau| 3