1309ba463.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 463 OF 2011 (Dharamraj Sahib Singh Bhosle Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................................ Mr. V. M. Deshpande, Advocate for the applicant. Mr. S. S. Doifode, A.P.P. for the respondent-State. CORAM : U. V. BAKRE, J. DATED : 13TH SEPT., 2011 Heard. 2. The applicant, who has been arrested on 24/9/2010 in Crime No. 73/2010 of Dattapur police station registered for offence punishable under Section 302 of the Indian Penal Code, has filed the present application for bail. 3. The allegation against the applicant is that since the deceased assaulted the cat of the accused, which died, the accused went to the house of the deceased and assaulted him with kicks, fist blows and with a stick and caused his death. 4. The respondent has filed reply resisting the application. 5. It is seen that as per the post-mortem examination report, the cause of death is hypovolemic shock due to rupture of spleen. The death had occurred soon after the alleged assault. There are eye witnesses to the incident. There is, therefore, prima facie evidence against the applicant. 6. The contention of the learned Advocate for the applicant 1309ba463.11.odt 2/2 that the applicant is a boy of 20 years age and a student, does not help the applicant as the offence is of serious nature which is punishable with death or imprisonment for life. The witnesses are yet to be examined and since there is prima facie evidence against the applicant, in my view, the applicant is not entitled to bail, at this stage. 7. Hence, the application is rejected. JUDGE wwl