1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3916 OF 2008 Ranjeet Madhukar Shinde .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.S.D.Patil with Prashant Jadhav for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 20TH NOVEMBER, 2008. DATED : 20TH NOVEMBER, 2008. DATED : 20TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.46 of 2008 of Juna Rajwada police station, Kolhapur. The said crime has been registered against the applicant and his brother for having allegedly committed an offence punishable under section 302 r/w 34 of the IPC. 3. It is the case of the prosecution that on 11.4.2008 on account of previous quarrel, when the deceased and the complainant were together, the 2 2 2 present applicant initially assaulted the complainant on his back with bamboo stick and thereafer he assaulted the deceased-Uttam Magdum on his head. The deceased fell down and thereafter both the brothers further assaulted the deceased with fist and kick blows. I have perused the post mortem report which shows that the deceased sustained only one injury on the head which ultimately proved to be fatal. I have perused the FIR and the statements of other witnesses and more particularly the statements of two doctors, namely, Vijay Kulkarni and Sanghram More. Mr.Patil submitted that it is clear from the statements of all the witnesses that it was not premeditated assault and that the applicant never intended to kill the deceased. He submitted that after the incident the deceased was taken to the doctors by Mohan Bagadi and others and they informed the doctors that the deceased sustained injury on the head due to fall. Mr.Patil, therefore, submitted that even if it is admitted that the applicant is the author of fatal injury the case would at the most fall under section 304 Part II. Having considered the submissions of Mr.Patil and overall facts and circumstances of the case I am inclined to enlarge the applicant on bail. Hence the following order: 3 3 3 . The applicant to be released on bail in the sum of Rs.35,000/- with one or two sureties in the like amount subject to condition that the applicant shall not enter the City of Kolhapur except as and when called by the concerned police station and for attending the Sessions Court. The applicant shall inform his address to the concerned police station and shall report to the nearest police station from the place of his residence on every Saturday between 7 and 8 pm for a period of six months from today. The trial is expedited. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)