BA-727-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.727 OF 2011 Shivaji Tanaji Choramale ... Applicant V/s. The State of Maharashtra, Thru’ Malshiras Police Station, Solapur ... Respondent Mr. Avinash C. Birajdar, h/f. Mr. R.V. Bansode, for the Applicant. Mr. J.P. Kharge, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 20 TH JULY, 2011. P.C. : 1. Heard. 2. In the first line in para 3 of the order dated 13th July, 2011, for the words “One Balu Babu Shembade was”, the words “One Balu Babu Shembade and Subhash Sul were” be substituted. 3. In the second line of the same para, for the words "Subhash Sul", the words "Bhagwan Shid" be substituted. 4. In the third line of the same para, for the words "Balu Shembade", the words "Subhash Sul" be substituted. BA-727-11.sxw 2 Dixit 5. In the last line of the same para, for the words “First Informant”, the words “said Subhash Sul” be substituted. 6. In the first line of the para 4 of the aforesaid order, for the words "First Informant", the words "said Subhash Sul" be substituted. 7. In the last line of para 6 on page 2 of the aforesaid order, for the words "First Informant", the words "said Subhash Sul" be substituted. 8. The order dated 13th July, 2011, shall stand corrected and modified accordingly. 9. The learned Advocate for the Applicant states that he has not taken out any copies of the copy of the aforesaid order dated 13th July, 2011. [A.M. THIPSAY, J.] BA-727-11.sxw 3 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.727 OF 2011 Shivaji Tanaji Choramale ... Applicant V/s. The State of Maharashtra, Thru' Malshiras Police Station, Dist. Solapur ... Respondent Mr. R.V. Bansode for the Applicant. Mr. J.P. Kharge, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 13 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. One Balu Babu Shembade and Subhash Sul were assaulted on 2nd December, 2010 by the Applicant, co-accused Bhagwan Shid and four others, who are also accused in this case. On 19th January, 2011, the said Subhash Sul died due to injuries sustained by him during the said incident of assault. The case which was initially registered in respect of offence punishable under Section 307 of the IPC was converted into a case in respect of offence punishable under Section 302 of the IPC, in view of the death of the said Subhash Sul. 4. It cannot be doubted that the said Subhash Sul died an unnatural death due to the assault. Thus, the death is homicidal. 5. It is contended by the learned Advocate for the Applicant that the incident occurred over some trival matter, and that the fatal blow has not been attributed BA-727-11.sxw 4 Dixit to the present Applicant. It is, therefore, contended that no intention or knowledge requisite for constituting the offence of murder can be attributed to the present Applicant. 6. I have considered the matter. Though the fight appears to have started at the instance of the Applicant, the fatal blow appears to have been given by the co- accused - Bhagwan Shid. The statements recorded during investigation indicate that it is after the blow by a stone on the head was given by the co-accused- Bhagwan Shid, that the said Subhash Sul became unconscious and collapsed. 7. The F.I.R. came to be lodged after five days after the incident i.e. on 7th December, 2010. The Applicant is in custody since 3rd January, 2011. The investigation is over. Charge-Sheet has been filed. No antecedents are reported. 8. Considering all the relevant aspects of the matter, I am inclined to give one opportunity to the Applicant of availing of liberty, subject to certain conditions. 9. The Bail Application is allowed. 10. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount, on the condition that the Applicant shall report to the concerned Police Station between 5:00 p.m. to 6:00 p.m. on every Monday and Thursday till the disposal of the case against him. [A.M. THIPSAY, J.]