{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4239 OF 2009 Babu @ Baburao s/o Daula @ Daulatrao Suryawanshi Age-50 years, Occ-Agri & Labour R/o Ghonshi, Tq-Jalkot Dist-Latur APPLICANT VERSUS The State of Maharashtra Through Police Station, Jalkot Dist-Latur RESPONDENT ....... Mr.S.S.Jadhavar, Advocate for applicant Mr.N.B.Patil, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16 th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.51/2009 registered with Police Station, Jalkot, Dist-Latur for an offence punishable u/s 302, 147, 148, 149 & 504 of the IPC. 2. Present application is moved after the investigation is over and charge sheet is filed. {2} 3. Heard learned counsel for the applicant followed by the submissions of the learned APP. Perused the papers of investigation. 4. It appears that the said offence is registered on 27th June 2009 with Jalkot police station on the basis of a complaint lodged by one Chhayabai Ashok Bhisade wife of deceased Ashok. It appears that the incident took place in the morning of 27th June 2009 at about 10.30, when the deceased and his family members had been to their field for pre-sowing operations. It is alleged that at that time, this applicant, along with his son, came there and started quarreling with the complainant and her family members. At that time, it is alleged, the applicant took out the knife, which was concealed near his chest, and stabbed the deceased in his stomach. At that time other relatives of Ashok tried to rescue, however the other accused prevented them from rescuing. The deceased tried to run after suffering the stab injuries, but after going at a distance of about 50 feet, he collapsed, however thereafter also the applicant chased him and prohibited others from helping him. Ashok was taken to the hospital, where he declared to be dead. 5. It is urged that the applicant is arrested on the same day, i.e. on 27 th June 2009. Charge sheet is filed on 20.09.2009. According to learned counsel for applicant, the contents of the {3} complaint itself indicate that there was dispute between the family of the deceased and the family of the applicant on the count of agricultural land and hence it cannot be inferred that the assault was a predetermined and also in view of the fact that now the investigation is over, the applicant be released on bail. 6. The application is opposed by the learned mainly on the ground that the incident is witnessed by some persons and the the depth of the injury shown in the PM notes, on the stomach of the deceased, indicate the force used by the applicant while stabbing the deceased. 7. Considering the rival submissions and the injuries which are found on the person of the deceased and also the cause of death given by the medical officer, which is corroborated by the injury noticed at the time of inquest Panchanama and also from the statements of the witnesses, it is clear that the death is caused due to the blow of knife, given by the applicant. Though it is tried to be urged that there was dispute on the count of agricultural land between the family of the applicant and the family of the deceased, yet the case cannot be covered under the premise of sudden provocation, as it is not a case that after the quarrel, the applicant take the object for assault, which was available in the field itself and then attacked the deceased. However, the statements of the eye witnesses indicate that the knife was concealed by the applicant near his chaste and during the scuffle {4} he stabbed deceased with the same. This go to show that the assault was predetermined. In the circumstances, as there is direct nexus between the cause of death and the act on the part of the applicant, no case is made out to enlarge the applicant on bail. 8. In the result, the application, which is sans merits, stands rejected. 9. It is clarified that the above observations are prima facie observations and the learned Sessions Judge not to influence by the same while conducting the trial. [A.V.POTDAR, J.] drp/criapln4239-09