1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1360 OF 2009. Daulat Khan s/o Rashid Khan Pathan ...Applicant. Versus The State of Maharashtra ...Respondent. ... Mr.S.S.Rathi, Advocate for the applicant. Mrs.R.R.Mane, APP for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 22nd June, 2009. COURT'S ORDER: 1. The applicant is seeking bail in Crime No. 8/2009 registered with New Mondha Parbhani Police Station, Dist.Parbhani, for the offence punishable under Sections 302, 147, 148, 149, 326, 324, 504 of the Indian Penal Code, and under Section 135 of the Bombay Police Act. 2. The incident of rioting and fight took place on 6th January, 2009 in front of the house of the present applicant. It appears that the 2 complainant and his companions including the deceased at about 10.30 p.m., armed with weapons attacked the house of the complainant and in the melee, members of both the groups sustained the injuries. The applicant is said to be author of the head injury sustained by the deceased. The deceased was hospitalised immediately after the incident and survived for about seven days. Before his death, he made a dying declaration. The learned Judge of the lower Court opined that it was not the case of preplanned murder and probably the incident has occurred at the spur of moment. He also observed that it was probably the complainant's party who initiated this violence. The applicant is in custody since last more than six months. I think, the applicant has arguable defence. The other accused in this case are released on bail. The applicant also deserves bail. The application is allowed. i) The applicant is released on bail of Rs. 10,000/-(Rs. Ten Thousand only) with one surety in the like amount. (A.V.NIRGUDE,J.) lkp.