1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 385 OF 2011 ( Motu @ Anil Hiramn Parteki Vs. State of Mah. PAO PS Sihora Distt. Bhandara) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. M. Qazi Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 1st AUGUST, 2011. . This is an application under Section 439 of Criminal Procedure Code for releasing the applicant on bail against whom offence bearing Crime No. 58 of 2010 under Section 302 of Indian Penal Code is registered by the Police Station Sihora district Bhandara. Incident occurred on 07/12/2010. One Vinod Kusram complained to the deceased-Shivcharan and Sunil that he was slapped by the applicant accused. Then the deceased-Shivcharan, Sunil, said Vinod Kusram and one Manoj Kusram went on motorcycle where the applicant resides. They were six persons. The applicant was not found in the house, hence out of anger they 2 destroyed the roof tiles of his house. After knowing that the applicant had gone to Chincholi, they started proceeding towards Chincholi. At that time the applicant returned to his house. Then there was scuffle between them. The applicant was knocked down and thrown in the drainage. The cousin of the applicant intervened. After some time the applicant got up and took up the wooden log lying there (allegedly brought by deceased and other 5 persons) . He hit one blow on the head of the deceased and one blow on the left ear of Sunil. Both fell down. After sometime both got up and started going to their native place on motorcycle. The deceased was pillion rider. The motorcycle ran out of fuel and, therefore, they were required to be in the forest. In the early morning of 08.12.2010 it was noticed that Shivcharan breathed last. Postmortem notes reveal that death was due to head injury. In the column of Surface Wound one injury is mentioned that is in the nature of abrasion over forehead This is the case where deceased accompanied by five persons had gone to the house of applicant to assault him. When the applicant was not found they damaged roof tiles of his house. When the applicant returned to the house there was scuffle. The applicant was knocked down and thrown in the drainage. Wooden log which was used to hit the deceased was lying on the spot and 3 had allegedly used by the deceased and Sunil Pimpalkar. The entire case of prosecution even if accepted as it is, at the most falls within the mischief of Section 304 Pt. II of Indian Penal Code. In that light of the matter, the application is allowed. Applicant-Motu @ Anil Hiraman Parteki is directed to be released on his executing PR bond in the sum of Rs. 50,000/- with two sureties in the like amount, with the condition that the applicant shall not enter the limits of villages Murli and Gram Sodepur (police station Sihora) till trial is over. JUDGE svk .