( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.601 OF 2008 CRIMINAL APPLICATION NO.601 OF 2008 CRIMINAL APPLICATION NO.601 OF 2008 Laxman Dhondiram Date & Ors. .. Applicants. Versus The State of Maharashtra .. Respondent. Mr.U.R.Agandsurve for the applicants. Ms.A.T.Javeri, A.P.P. for the State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 23rd April, 2008. DATED : 23rd April, 2008. DATED : 23rd April, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Agandsurve for the applicants and Ms.A.T.Javeri, A.P.P. for the State. 2. The applicants are arrested in C.R.No.256 of 2007 under Sections 302, 323, 504 r/w. Section 34 of Indian Penal Code in regard to an incident which is said to have taken place on 6.11.2007 within the jurisdiction of Sadar Bazar Police Station, Solapur. 3. The F.I.R. is filed by one Prakash Anil Limbole, an eye witness and the incident cropped up on account of some outstanding bills for the cigarettes purchased by one of the applicants and according to the F.I.R., applicant No.1 Laxman Date is said to have caught hold of the head of the victim by name Ambadas Kurhade and dashed it on the ground. Applicant No.2 is alleged to have dashed the said victim and that is how the victim Ambadas died. Apart from the present ( 2 ) applicants, there were two more persons, who were also alleged to have indulged in the offence. 4. The victim died on account of the head injuries. 5. Affidavit in reply has been filed. 6. I have heard learned Advocates on both the sides. Though as a result of the incident, the said Ambadas died, right now on the basis of the allegations levelled against the applicant, one would not be able to come to the conclusion that the applicants would be held liable for the charges under Section 302 of the I.P.C. Considering the manner in which the incident is said to have taken place and the reason for the incident, one can take a view that this case may get covered under Section 304 Part-II of the I.P.C. In my view, the investigation having been completed, the applicants can be granted bail by putting them to terms as regards attendance etc. 7. Learned Advocate Mr.Agandsurve submitted that his clients shall stay away from the area known as "Indira Nagar" in Solapur as a part of restriction while enjoying the facility of bail. This restriction can be imposed as is volunteered by the applicants. ( 3 ) Hence, I pass the following order :- a) The application for bail is granted. b) Both the applicants are ordered to be released on bail in C.R.No.256 of 2007 of Sadar Bazar Police Station, Solapur. It is hereby ordered that each of the applicants be released on bail in the sum of Rs.20,000/- with one solvent surety each. Each of the applicants shall execute P.R. Bonds in the sum of Rs.20,000/-. c) Each of the applicants shall report to the Sadar Bazar Police Station, Solapur on every 2nd Saturday between 11.00 a.m. and 5.00 p.m. till the eye witnesses are duly examined by the learned Trial Judge. d) That the applicant shall not enter the area known as "Indira Nagar" in Solapur for any reason. 8. Application stands disposed off in the above terms. ( 4 ) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)