1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1211 /2010 (Ashok Pandurang Napte vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R. K. Tiwari, Adv.for applicant Mr. J B Jaiswal, APP for Respondent CORAM : A.P. BHANGALE, J. DATED : 6 th September, 2010. Heard learned counsel for respective parties. 2. The applicant is facing accusation for offence punishable under sections 302 IPC, pursuant to registration of Crime No.26/2010 reported at Dhad Police Station, Tq & Dist. Buldana, in respect of the incident which occurred on 9.6.2010. It appears that the wife of the applicant was all alone in the house on 9.4.2010 at about 10.30 p.m., at that time, taking advantage of her loneliness one Laxman Napte (now deceased ) had entered in the house while the applicant was not present and attempted to commit rape on the wife of the applicant. When the applicant returned home, incident was narrated to the applicant by his wife. The applicant went to question the culprit as to why he had attempted to ravish his wife. Under these circumstances, the applicant who received sudden and grave provocation, assaulted the deceased with stick culminating in death of the Laxman. It is contended that 2 the applicant had no intention to commit murder of the deceased and the case, at the most, if witnesses are believed, will fall under section 304 Part II IPC. Learned Advocate therefore, prays for grant of bail. Learned Advocate for applicant also contended that the injuries which were found on the dead body were not on vital part of the deceased. Laxman died as a result of cardio respiratory failure due to multiple injuries and haemorrhagic shock. 3. According to learned APP the stick used in the offence has been recovered at the instance of the applicant and that there are eye witnesses to the incident. Be that as it may; considering the material collected during the investigation prima facie it appears that the applicant had received sudden provocation after his wife had narrated the attempted rape on her by Laxman. The charge-sheet is already filed. Under these circumstances I think benefit of bail may be granted, of course, subject to certain conditions. Hence the following order: The applicant be released on bail in connection with Cr. No.26 /2010 registered at Dhad Police Station Tah & Dist. Buldana for offence punishable under sections 302 of the IPC, upon executing PR bond in the sum of Rs. 30,000/- with one or more surety in the equal amount, provided further that he shall attend the trial on each date of hearing and shall 3 inform his fixed address with telephone/ mobile number,if any, to the I.O. as well as the trial Court and shall not misuse his liberty in any manner. The applicant shall not commit any crime while on bail. Application is disposed of. Humdast granted. JUDGE Sahare