1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL (BAIL) APPLICATION NO. 61 OF 2010 IN CRIMINAL APPEAL NO. 36 OF 2011 (Shri Mahadeo Shrawan Bhorkar vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Shri Mahesh Singh, Advocate for the applicant. Shri T.A. Mirza, A.P.P. for the respondent. CORAM : Mrs. V.K. TAHILRAMANI & PRASANNA B. VARALE, JJ. MARCH 10, 2011. Heard. By the judgment dated 02.02.2011, the learned Additional Sessions Judge, Nagpur, convicted the applicant mainly under Section 302 of Indian Penal Code. The applicant is now seeking bail. The learned counsel for the applicant submitted that the case does not fall under Section 302 of I.P.C. but it would fall under Section 304, Part II of Indian Penal Code or at the most under Section 304, Part I of Indian Penal Code. To support his contention, he has placed reliance upon the evidence of P.W. No. 5 - Doma, who has stated that quarrel was going on between the accused and the deceased Bhojraj. During the course of quarrel, the accused person picked up Bhojraj and threw him on the road and due to this Bhojraj sustained one injury on his head which resulted in his death. 2 The learned counsel for the applicant also drew our attention to the evidence of Dr. Sachin Patil, PW-8, who has stated that injury sustained by the deceased Bhojraj was caused by a single impact. The learned counsel for the applicant submitted that the incident had occurred during the course of sudden quarrel and without any intention to cause death. He has stated that there is no premeditation in the present case nor has the accused taken any undue advantage of the situation. Looking to the evidence of PW-5 and the evidence of the Doctor, we find some merit in the submissions made by the learned counsel for the applicant that the case would not fall under Section 302 IPC but the case would fall under Section 304, Part I of I.P.C. In the result, the following order is passed : The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount. During his release on bail, the applicant to report to Police Station Wadi, once in the fortnight. Application is disposed of accordingly. Hamdast allowed. JUDGE JUDGE *GS.