( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4386 OF 2009 IN CRIMINAL APPEAL NO. 635 OF 2009 Raju @ Rajesh s/o. Rota Valvi .. Applicant Age. 27 years, Occ. Agri., R/o. Warpada, Tq. Taloda, Dist. Nandurbar. Versus The State of Maharashtra .. Respondent Shri H.D. Patil, Advocate for the applicant. Mrs. B.R. Khekale, A.P.P. for respondent/State. CORAM : P.R. BORKAR,J. DATED : 18.12.2009 P.C. :- 1. This is an application for bail. The applicant is convicted by Additional Sessions Judge, Shahada, in Sessions Case No. 25 of 2007 on 27.10.2009 for offences punishable under sections 448 & 304 (PartII) of the I.P.C. and sentenced to suffer rigorous imprisonment for one month and fine of Rs. 500/- for offence punishable under section 448 of the I.P.C. and for offence punishable under section 304 (part II) of the I.P.C. the applicant is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 1000/-. ( 2 ) 2. It is stated that over sharing of water the incident of quarrel had taken place and in the heat of moment, single blow of spade was given by the applicant to the deceased. In the said circumstances, it is held that offence punishable under Section 304 part II was committed. 3. Considering the facts and circumstances of the case, and considering that the imprisonment is for short period, discretion can be used. Hence, pending the appeal, the substantive sentence of imprisonment of the applicant is suspended on applicant executing bond of Rs. 15,000/- with one surety in like amount and on further condition that pending the appeal he shall not try directly or indirectly try to contact the witnesses. 4. The Criminal Application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2009/DEC09/cra4386.09