1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No.3474/2009 ( Jagdeorao Ramu Ade .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.Chopde, Advocate for Applicant. Mr. D.P. Thakre, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 18, 2009 Heard. By the present application, the applicant/accused charge sheeted by Mahagaon Police Station for commission of offence punishable under Section 302 of IPC , has prayed for bail. The learned counsel for the applicant has urged that considering the matters from the FIR in proper perspective , the same does not reveal of the first informant being the eye witness to the incident. He further urged that even it is presumed that he has observed the incident, still the applicant having given a single blow with stick and having not used any lethal weapon, he cannot be said to be entertaining an intention to commit the murder of the deceased. He states hence the offence alleged will not travel beyond Section 304-II of IPC. The learned counsel for the applicant thus 2 contended that the prosecution material thus prima facie failing to reveal involvement of the applicant/accused in commission of an offence punishable with death or imprisonment for life and the prosecution material being silent regarding the motive, the applicant be enlarged on bail on such terms and conditions as deemed fit proper by the Court. The aforesaid submissions were counter veiled by the learned APP by submitting that submissions advanced by the learned counsel for the applicant are in the nature of appreciation of evidence which is not permissible at present an interim stage of bail. The learned APP urged that taking into consideration the prosecution material the same prima facie reveals that the applicant/accused has selected vital part of body of the deceased for giving a blow with weapon and the same having resulted into the death of the deceased, the case of the applicant will be clearly governed by Clause III of Section 300 of IPC and as such the material is sufficient to show involvement of the applicant in commission of offence punishable with death and imprisonment for life. The learned APP further urged that having regard to the petty reason because of which such heinous act is committed by the applicant, he should not be released on bail. After considering the material in the charge sheet shown by the learned APP and particularly the matters stated in the FIR, there appears substance in the submission of the learned APP that the material prima facie reveals involvement of the applicant in commission of offence punishable with death and imprisonment for 3 life. In these circumstances, the applicant cannot be said to be entitled for bail. Hence his application deserves to be and accordingly stands rejected. JUDGE halwai