1 (APPA-1466.11) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1466 OF 2011 IN CRIMINAL APPEAL NO.33 OF 2010 Shri Shivaji Balwant Khude .... Applicant. V/s The State of Maharashtra (at the instance of Bhuinj Police Station, Taluka Wai, District – Satara) .... Respondent. Ms. Anjali Patil for the applicant. Mr. P.S. Hingorani, APP for the State. CORAM: V. M. KANADE & M.L. TAHALIYANI, JJ DATE : 29th November, 2011 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant has been convicted for the offence punishable under section 302 read with section 34 of the Indian Penal Code. This is a second application for bail. His first application for bail was not pressed and was allowed to be 2 (APPA-1466.11) withdrawn. 3. Prosecution case is that there was a sudden scuffle between the applicant, co-accused and the deceased and the applicant assaulted the deceased with empty aluminum milk can. As a result, the deceased succumbed to the said injury caused by the said milk can. 4. The learned Counsel appearing on behalf of the applicant submitted that taking into consideration the nature of injury which was caused to the deceased with empty milk can, the case of the applicant may not fall under section 302 but may fall under section 304 Part-II of the Indian Penal Code. It is also submitted that the co-accused has been released on bail. 5. There is some substance in the submission made by the learned Counsel appearing on behalf of the applicant. Prima facie, it does appear that the incident had occurred after there was sudden scuffle between the applicant, co-accused and the deceased and one blow was given by the applicant to the deceased on the head with empty milk can. The postmortem notes also indicate that there was a contusion on the head and the probable cause of death has been shown to be neurogenic shock due to the head injury. 6. Taking into consideration the aforesaid facts, we are of the view that this is a fit case for grant of bail. 3 (APPA-1466.11) 7. Applicant be released on bail on execution of P.R. Bond in the sum of Rs 10,000/- with one or two sureties in the like amount. He shall, however, report to the concerned Police Station once in a month. 8. Application is allowed and disposed of. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.)