1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.447 OF 2011 IN CRIMINAL APPEAL NO.36 OF 2010. (SURAJ NARENDRA DARSHANLAL..VS.. STATE OF MAH. THR. PSO FREZARPURA, AMT.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Shrikant Dharaskar, Advocate for Applicant. Mrs. B.P. Maldhure, A.P.P. for Respondent/State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : JULY 20, 2011. Heard learned Advocate for the applicant-original accused No.1 and learned Additional Public Prosecutor for the respondent/ State. The applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code. The applicant is now seeking bail. The learned Advocate for the applicant pointed out that the first informant Kushal has stated that the deceased slapped co-accused Babu and he caught hold of the present applicant and another co-accused Shyam. Then the applicant rescued himself, thereafter, the applicant assaulted the deceased with knife. He submitted that in view of the evidence on record the case would not fall under Section 302 but it would at the most fall under Section 304-I of the Indian Penal Code. In order to support his contention in addition he drew our attention to the fact that the applicant has given 2 only one blow with knife to the deceased. Prima-facie we find much merit in this submission. Hence, we are inclined to grant bail to the applicant. Hence, the following order : ORDER The sentence of imprisonment imposed on the applicant is suspended and the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs. Twenty Five Thousand with one solvent surety in the like amount. The applicant shall report to Police Station, Frezarpura, Amravati twice in a week for a period of three months and thereafter once in a week till disposal of the appeal. The application is disposed of accordingly. JUDGE JUDGE RR..