..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2301 OF 2008 Raghu Babaji Ovhal. ..Applicant. Versus Versus Versus State of Maharashtra. ..Respondent. .... Mr.Amol A. Deshpande, Adv. for applicant. Mr.V.B.Konde-Deshmukh, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 24th July, 2008. DATED : 24th July, 2008. DATED : 24th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.46 of 2008 of Shirur Police Station, Pune. The said case is under Sections 394 and 302 of IPC. 3. The prosecution case is that the applicant entered into the house of the complainant on 15.2.2008. The mouth of Tanhabai, who is mother of the complainant, was pressed and he put his leg on her chest and committed robbery of the earrings which were worn by Tanabai as well as cash of Rs.3000/-. Tanhabai was alone at that time. Thereafter, her son came home. Tanhabai informed him about the incident. Thereafter Tanhabai was ..(2).. taken to hospital. 4. Tanhabai died on 18.2.2008. The prosecution case is that the applicant kept his left knee on the chest of Tanabai while committing robbery of earrings. In my view, the act of the applicant would not fall under Section 302 of IPC. Hence, I am inclined to grant bail to the applicant. 5. The applicant - Raghu Babaji Ovhal to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount. The applicant shall not enter within the jurisdiction of Shirur Police Station. Before being released on bail the applicant shall inform the officer of Shirur Police Station, the address at which he will reside during the period that he is on bail. The applicant shall report to the nearest police station to that address once in a fortnight, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)