1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2260 OF 2010 Meharsing S/o.Gajarya Pawara, Age-42 years, Occu-Agriculture, R/o.Rewanagar, Tal.Taloda, Dist. Nandurbar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.C.R.Deshpande, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.2/10, registered in Taloda Police Station, in which the applicant came to be arrested on 02/01/2010. In the said CR, after completion of investigation, charge sheet was filed on 23/03/2010 in the Court of J.M.F.C. Taloda. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 3. It appears that the said complaint came to be lodged on the complaint of one Bhula Bajarya Pawara, the son of the deceased about the incident occurred in the evening of 01/01/2010, wherein it is stated that the father of complainant by name Bajarya had been in the field of applicant with mechanic, as the electric motor situated in the field of present applicant was not working properly. On seeing the deceased alongwith mechanic in his field, applicant got annoyed and aimed the arrow from the bow in his hand which stuck to his thigh and the deceased immediately fall on the ground due to the injuries sustained by arrow and he expired on the spot. The facts alleged in the complaint are supported by the statement of Mechanic and the other witnesses present there. 4. It is urged across the bar on behalf of applicant that the death can not be denied but considering the part where the arrow stuck, it can not be inferred that the act of the applicant is with an intention to kill the deceased. It is also submitted that the witnesses are from the family of deceased and there are no chances of tampering of the evidence. As the investigation is already over, he be released on bail. 5. Considering the manner in which the incident occurred, no doubt, the incident is an unfortunate one. But the fact remains that the arrow stuck on the thigh of the deceased, which ultimately resulted in his death. Considering the aspect that the organ where the arrow stuck, at least at this juncture, it can not be inferred that there was an intention to kill the deceased. In view of this, 3 application needs to be allowed, hence order - O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant to give attendance on every Monday in Taloda Police Station till disposal of trial against him. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2260-10