- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 243 OF 2008 Ramchandra Rajaram Garad Applicant vs. The State of Maharashtra Respondent Ms. Saroj Shinde h/f Ramesh M. Agrawal & Associates for the applicant. Mr. K. V. Saste, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 12, 2008. PC 1. Heard. 2. The applicant is arrested and is in custody in connection with Crime No. 115 of 2007 registered with Taluka Police Station, Solapur for the alleged offences punishable under section 302, 323, 504 of Indian Penal Code. 3. Prosecution case in short is that brother of the complainant was an employee of the applicant. He was demanding Rs.1,000/- from the applicant towards the - 2 - medical expenses incurred for treating an employment injury. On 6th June 2007 at about 9.30 p.m. he again went to the house of the applicant and demanded Rs.1,000/-. But the applicant became angry and assaulted him with with stick and he also gave blows on the head. The complainant’s brother died in the assault. Learned counsel for the applicant submits that there was no intention to kill the brother of the complainant and even the applicant did not know that the assault and the stick blows would, in the ordinary course, cause death. He therefore, submitted that the case does not fall under section 302 of I.P.C. and the offence was lesser. There is an eye witness. There is material to connect the applicant to the crime. Whether the offence would amount to murder or lesser offence would depend on facts which may be unravelled at trial. 4. Taking into consideration the fact that the offence is punishable with death or imprisonment for life and there is eye witness to the incident, in my view, applicant is not entitled to bail at this stage. Hence, application for bail is rejected. However, the Session Court is requested to expedite hearing of trial. [ D. G. KARNIK, J.]