cIN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3872 OF 2009 Rambabu Fulchand Kesharwani ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... .Respondent. Mr.Ganesh Gole, Adv. for the applicant. Mr.Y.M.Nakhwa, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 28th August, 2009. PC: The family of the present applicant and that of the complainant are neighborers. A quarrel took place between Anita (family member of the applicant) and the complainant. However the wife of the complainant told the complainant to go inside and that she would talk to Anita. Members of the family of the complainant and the applicant gathered at the scene of offence. Cause for quarrel was trivial one. During the course of altercation one Sanjeev brother of the applicant had given a fist blow on the chest of father of the complainant Ramchandra on account of which Ramchandra died. Initially accidental death was registered on the report of one Rajesh and thereafter offence under section 304 (II), 327, 504, 506 read with section 34 of IPC vide CR No.I-70/2009 came to be registered with Bhiwandi police station. Sanjeev, who had given fist blow on the chest of Ramchandra has been already released on bail by 3rd Additional Sessions Judge, Thane vide order dated 4.6.09. I am taken through the FIR. It is stated in the FIR that Sanjeev was aware about the ill health condition of the deceased and despite that he had given blow on the his 1 chest which resulted in the death of father of the complainant. No act is attributed in the FIR to the present applicant which could connect him with the offence in question. Having regard to the totality of facts and circumstances I deem it appropriate to release the applicant by granting anticipatory bail. In the result, in the event of arrest of the applicant-Rambabu Fulchand Kesharwani in CR No.I-70/2009 for the offence punishable section 304 (II), 327, 504, 506 read with section 34 of IPC he shall be released on bail on executing personal bond in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall abide by the conditions stipulated in section 438(2) of Criminal Procedure Code. The applicant shall attend Bhiwandi police station once in a week on every Saturday between 4.00 to 6.00 p.m. for a period of two months. Application stands disposed of. 28.8.2009. 2