[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.486 OF 2008 IN APPEAL NO.383 OF 2008 Sayaji Vasant Shinde ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.R.S.Kate Advocate for Applicant Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : MAY 05, 2008 DATE : MAY 05, 2008 DATE : MAY 05, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant has been convicted under Section 304-II of IPC and sentenced to imprisonment for five years. The applicant is now seeking bail. 3. The case of the prosecution is that there was dispute between the accused and deceased on account of taking water from well. On the date of the incident, there was a quarrel on account of taking water from the well and as per the prosecution case, Jiva came to be assaulted by the present [-2-] applicant with shovel on the head. P.W.8 Dr.Snehal conducted post mortem on the body of Jiva. As per the post mortem notes, only three injuries were found on the body of Jiva i.e. abrasion over shoulder, abrasion over right wrist and abrasion over right knee joint. In fact, Dr. Snehal has specifically stated that they opened the skull to see whether there was fracture in the skull and no fracture was found. Looking to the evidence, role attributed to the applicant and the medical evidence on record, I am inclined to grant bail to the applicant. Moreover, the applicant was on bail during the trial and he has not misused the liberty granted to him. 4. The applicant-Sayaji Vasant Shinde to be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Umraj police station, once in a fortnight till the disposal of the appeal. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]