1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 114/2011 ( Amol Ishwar Ramteke .vs. State of Maharashtra through PSO PS Pauni, Dist. Bhandara. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. C.F. Bhagwani, Advocate for Applicant. Mr. S.B. Ahirkar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 23, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted by Pauni Police Station as a result of investigation of Crime No. 103/2010 for offence under Section 302 read with 34 of IPC upon the first information of an incident lodged by one Mala Kamble- mother of the deceased Rakesh regarding an assault effected allegedly by the applicant and three more accused on 9.11.2010 at about 20.00 hours in front of the house of the applicant, is opposed by the learned APP on the count of the involvement of the applicant in causing injury resulting death of Rakesh being borne from the matters stated in the FIR and the statement of the eye witnesses namely brother Navinya and three independent eye witnesses i.e. 2 neighbours Devaji Raut, Subhadra Gajbhiye and Ambabai Mothghare and so also the extra judicial confession made by the applicant to the witness Ratnadeep Kamble. It is urged that P.M. notes revealing that the deceased succumbed to the death due to his head injury squarely links the applicant with the death ensued. It is further contended that the account of incident is reflected from the matters in the FIR and statements of eye witnesses reveals that the applicant has chosen vital part i.e. head of the deceased for attacking him by means of weapon. It is urged that hence the prayer for bail will deserve no credence as the case of the applicant cannot be said to be on par with the other three accused granted bail as they had assaulted deceased with fist and kick blows and not with the weapons and not on head of deceased. The perusal of the material in the charge sheet prima facie supports the submission of the learned counsel for the applicant that at the time of occurring of an incident deceased had been to the house of the applicant for collecting the amount; the incident had occurred at the spur of the moment and it was not pre-planned attack; the original theory of one blow of hollow pipe (Funkani) given by the applicant upon head of deceased is found lateron amplified during the statements of the witnesses subsequently recorded to the tune of applicant having given two blows upon the head of deceased; the applicant since the beginning was not armed with the hollow pipe. Having regard to the same the further submission canvassed that same prima facie signifies 3 that the offence committed by the applicant may not transcend beyond commission of offence under Section 304 of IPC prima facie cannot be said to be devoid of merit or the same militates of the applicant entertaining intention of causing the death of the deceased. It appears accordingly as the post mortem report also does not reveal any fracture being caused to the skull of the deceased or blood found accumulated in the skull cavity during post mortem and thus reflecting about the force used in giving a blow/blows upon the head. Having regard to the same and particularly the reason giving rise to the occurrence of the incident, the discretion deserves to be exercised in favour of grant of bail by imposing appropriate conditions to ensure that liberty of the applicant is not misused by him for oblique purpose. In the premises aforesaid, applicant is hereby directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand ) with one surety in like amount and subject to the conditions that applicant - (i) after his release on bail, shall stay out of Pauni village and shall intimate his place of abode to the investigating officer and shall not change the same without the permission of the trial Court and shall also attend the said local Police Station within whose jurisdiction he would be staying everyday for first 15 days in between 11 & 1 p.m. and thereafter on first Monday of every month until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of 4 hampering the progress of the trial ; (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai