Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.3693/08 (Amol Kale ..vs.. State ) ____________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Mr. Mirza, Advocate for applicant Mr. Doifode A.P.P. for state CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 17, 2008. Heard counsel for parties. This is an application by one Amol Ambadas kale who has been arrested on 28.2.2008 for an offence bearing crime no.26/2008 under section 302, 201 read with section 34 of I.P.C. as also offence under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The story as per the eye witness Maniram's account is that there was a dispute between victim Kisan Bhusum, the applicant Amol and his brother Swapnil on account of release of water for irrigating Kisan Bhusum's wheat crop. Applicant and his brother Swapnil held Kisan Bhusum and beat him up with fists and kicks on abdomen, chest, back and face. Swapnil was armed with wooden stock. He hit Kisan on back and head with that stock. Kisan fell down. Amol then hit Kisan with a stone on Kisan's head. Kisan fell unconscious. Applicant and his brother then lifted Kisan and threw him in his field. The notes of postmortem examination show only one surface injury in column no.17 i.e. abrasion over forehead with no corresponding injury to the brain. There are no injuries on his back or abdomen, but there is rupture of spleen as well as rupture of kidney. According to learned A.P.P. this is enough to indicate the complicity of the applicant and therefore, applicant ought to be refused bail. Learned counsel for the applicant states that presuming that eye witness account is true still the applicant has administered only fisty cuffs and therefore, cannot be attributed the requisite intention to commit murder. The applicant is in jail since 28.2.2008. Investigation is completed and charge sheet is already filed. Case is already committed to the Court of Sessions. In view of the nature of assault, the applicant be released on his furnishing P.R.B. in sum of Rs.50,000/- with one solvent surety in the like amount on the condition that he shall keep himself away from all prosecution witnesses till the trial is over. Application stands disposed of. Hamdast granted. JUDGE smp.