1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR APPA NO. 162 OF 2011 IN CRIMINAL APPEAL NO. 149 OF 2009 Omsingh Rajeram Shekhawat Vs. State of Maharashtra thr P.S. Narkhed Distt. Nagpur Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri C. R. Thakur Adv for applicant. Smt Joshi APP for non applicant/State. CORAM:V.K. TAHILRAMANI & M.L. TAHALIYANI JJ. Dated: 29 th MARCH, 2011. Heard learned Advocate for the applicant-original accused no.1 and learned APP for State-respondent. Applicant has been convicted under Section 302 read with Section 34 of Indian Penal Code for causing death of Raghunath. Applicant is now seeking bail. 2 The conviction is mainly based on the evidence of P. W. 3 Ganesh who is an eye witness to the incident. Ganesh has stated that quarrel was going on between accused no.1, his father and brother. There was hot exchange of words between them. In the meantime original accused 2 and 3 came on the spot. There was a scuffle between accused no.2 and Raghunath. Accused no. 2 and Raghunath fell on the ground. This witness has stated that present applicant gave two stick blows on the leg of Raghunath and one stick blow on his head. Learned counsel for the applicant submitted that the incident had taken place during a sudden quarrel during which the applicant had assaulted Raghunath with stick only once on the head. He contended that offence would not fall under Section 302 of Indian Penal Code but it would fall under Section 304, Pt. II of Indian Penal Code. Looking to the fact that the incident took place during a sudden quarrel, the nature of assault and the medical evidence, primafacie we find much merit in this submission. In this view of the matter, we are inclined to grant bail to the applicant. Hence the following 3 order: Substantive sentence of imprisonment is suspended. Applicant be released on bail on executing P. R. Bond of Rs. 25,000/- and furnishing surety in the like amount. Applicant shall not enter village Belona till disposal of this appeal. Learned counsel for the applicant states that applicant will reside at Wardha during the period he is on bail. Before being released on bail the concerned police station shall be informed the address at which the applicant will reside during the period he is on bail. He shall report once in a fortnight to the nearest police station to that address, till disposal of appeal. Criminal Application is allowed in above terms. JUDGE JUDGE svk 4 5 6