1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 30/2011 (Bhaurao Pandhari Pende and Omprakash Bhaurao Pende .vs. State of Maharashtra through PSO PS Adyal ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. P.M. Deshkar, Advocate for Applicants. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 09, 2011 Reply filed by the learned APP is taken on record. Heard. The applicants/accused charge sheeted by Adyal Police Station in connection with Crime No. 37/2010 registered with the said Police Station for offence under Sections 302, 324 read with 34 of the Indian Penal Code, have prayed for bail. After considering the prima facie account of the incident and the reason behind the assault as prima facie revealed from matters in the first information lodged by the wife of the deceased, dying declaration of deceased, statement of son and neighbour Budha and 2 nature of weapon i.e. stick there appears substance in the submission of the learned counsel for the applicant that it is prima facie doubtful that applicants were entertaining intention to murder the deceased and the offence committed may not transcend beyond the offence under Section 304 Part I or II of IPC. Thus apparently there exist paucity of material even coming to prima facie conclusion of the applicants being guilty for an offence exclusively punishable with death or imprisonment for life. Such a prima facie inference is fortified after considering the nature of the injuries sustained by deceased as reflected from the post mortem report and cause of death. Needless to add that the same is confined to deceased having suffered only one injury and death having occurred due to the same, the prayer for bail will deserve consideration but subject to imposing strict conditions. Hence the order. The applicants are directed to be released on bail in connection with said crime upon each of them furnishing P.R. Bond in the sum of Rs.50,000/- with two solvent sureties in like amount and subject to the conditions that applicants - (i) after their release on bail, shall not stay within the local limits of Chikhalpahela and shall intimate their place of abode to the investigating officer and shall also attend the said local Police Station within whose jurisdiction they would be staying on every Monday until further orders and shall not change the same without the permission of the trial Court; (ii) shall not indulge in any activity of tampering prosecution evidence and/or in any activity hampering 3 the progress of the trial, (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai