1 appa120511 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 205 OF 2011 IN CRIMINAL APPEAL NO. 1264 OF 2004 Manohar Sakpal ...Applicant V/s. The State of Maharashtra ...Respondent Mr. Yug Mohit Chaudhry for the Applicant Mr. A.S. Gadkari, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 15TH FEBRUARY, 2011 P.C.:- Heard the counsel for the applicant and the learned A.P.P. 2. Considering the circumstances in which the incident occurred, and the fact that the prosecution witnesses had visited the house of the applicant when the quarrel took place, and in anger, the applicant assaulted P.W. 4 and deceased with the aid of axe which was lying in the house, it cannot be said to be a case of assault with pre- mediation. Besides, it has come on record that, if the deceased were to 2 appa120511 get immediate medical aid, he would not have succumbed to injury. This position is stated by doctor, P.W.9. Besides, it is noticed that the applicant, on his own, immediately reported the incident to the police patil. Besides, the applicant has already undergone actual sentence of nine years and eight months. No other criminal antecedent is known against the applicant. 3. Taking over all view of the matter, therefore, we are inclined to grant bail to the applicant on condition that the applicant shall not enter District Ratnagiri, considering the background in which the incident took place till the pendency of the appeal. 4. Accordingly, we pass the following order:- (a) The applicant shall furnish bail bond in the sum of Rs. 15,000/- with one or two sureties in like amount. (b) The applicant shall not enter District Ratnagiri and report to the local police station of his residence, where he would ordinarily reside, once in a month on the first 3 appa120511 Monday of every English Calendar month between 9.30 a.m. to 11.30 p.m. (c) The applicant shall furnish his latest residential address and/or change of residence, if any, from time to time to the local police station. 5. Application disposed of on the above terms. A.R. JOSHI, J. A.M. KHANWILKAR, J.