1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5054 OF 2009 Baban Sadashiv Shinde : Applicant versus The State of Maharashtra : Respondent. Mr.Shekhar Ingale for the Applicant Mr. H J Dedhia, APP, for the Respondents. CORAM : V. M. KANADE, J. DATE : 8th December 2009 P.C. 1. Heard the learned counsel for the Applicant and the learned APP for the State. 2. The Applicant/Accused has been arrested in connection with the offence punishable under Sections 302, 326, 323, 504, 506 read with 34 of the Indian Penal Code. The Prosecution case is that the Complainant and four others had gone to the house of the Applicant to question him as to why the Applicant used to threaten the Complainant and others from time to time. At that time, the Applicant gave blow to the father of the Complainant on his head as a result of 2 which the father of the complainant was succumbed to the injury and died. One other person was also assaulted by the co-accused. 3. The learned counsel for the Applicant submitted that on the contrary the complainant and others were used to threaten the Applicant and were used to demand money from him. The wife of the Applicant had lodged an NC complaint one day before the said incident. The present Applicant had also lodged an NC complaint after the incident had taken place. It is further submitted that according to the Applicant, the complainant and others had assaulted the Applicant with kick and fist blows and threatened him that they would bring a knife on the next occasion. 4. Taking into consideration the peculiar facts and circumstances of the case which show that the complainant and other witnesses appeared to be the real aggressors and had gone to the house of the Applicant though there was prior dispute between them. It is submitted that charge sheet is filed. There is a single injury on the head of the father of the complainant which can been seen from the Post Mortem Notes. There are three injuries on the left arm and back and one injury on the scalp. The Applicant is not an habitual offender. This incident 3 appears to have been happened on the spur of moment. Taking into consideration these facts, therefore, in my view, the Applicant deserves to be released on bail. Hence the following order :- :ORDER: The Applicant/Accused Baban Sadashiv Shinde be released on Bail in C.R.No. 114/09 registered with Karveer Police Station in the sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned Police Station once in a month. The Criminal Application is accordingly disposed of. [V M KANADE, J]