[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3130 OF 2008 Mr.Jehangir Mohd.Ismail Shaikh ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.A.P.Mundargi Counsel along with Mr.Sanjeev Sawant i/b Mr.B.K.Barve and Co. for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 18, 2008 DATE : SEPTEMBER 18, 2008 DATE : SEPTEMBER 18, 2008 P.C. P.C. P.C. 1. Heard the learned counsel for the applicant-original accused no.1 and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-153 of 2008 of Manikpur Police Station, Dist.Thane. The said case is mainly under Section 302 of IPC. 3. The complainant has stated that the quarrel took place between deceased Ajay and accused no.2 Rafiq relating to price of brass. Accused no.2 was selling dubbas. The fight was in relation to price [-2-] dubbas. At that time, the applicant intervened. The role attributed to the applicant is that he picked up brick which was lying on the road and he assaulted Ajay on the head with the said brick. He also assaulted the complainant with the said brick. As far as the complainant is concerned, there is no material to show that the injury on the head was serious or grievous in nature. As far as Ajay is concerned, it is seen that after Ajay was assaulted, Ajay ran away from the spot. Thereafter, Ajay was taken to the hospital. Ajay was treated. Thereafter Ajay went home. However, thereafter, Ajay started having some trouble while breathing, hence, he was again taken to hospital. During the course of treatment, Ajay expired. 4. It is seen that the incident took place during the sudden quarrel. There was no premeditation. Ajay was assaulted only once with the brick which was lying on the road. After the incident, Ajay went home. Ajay died two days after the incident. Looking to the above facts, I find much merit that the case would not be covered under Section 302 of IPC, hence, I am inclined to grant bail to the applicant. [-3-] 5. The applicant-Jehangir Mohd.Ismail Shaikh be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Manikpur Police Station, once in a week till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]