1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5012 OF 2009 Shri Madhukar Ramchandra Sawant ...Applicant vs. The State of Maharashtra ...Respondent Mr.Satyajeet Ligade for the Applicant. Mr.S.A. Shaikh, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 3, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Sections 302, 307, 323, 504, 506 read with 34 of the IPC registered with Velapur Police Station, District Solapur, vide C.R.No.22 of 2009. 2 3 It is alleged that the applicant had given a single blow to his uncle over an altercation which had arisen on account of the buffalo of the applicant entering the agricultural land of deceased Bhajandas. It is alleged that the applicant gave a single blow on the head of the deceased with a stick, as a result of which the deceased died after a period of three months. 4 Taking into consideration the peculiar facts and circumstances of the case and the post mortem notes indicating that there was only one injury on the head and the cause of death was due to cardio respiratory arrest due to pulmonary oedema ascites and renal failure due to head injury and further, the deceased who was 62 years of age was in the hospital for about three months. in this view of the matter, it is possible that the case may not fall under the provisions of Section 302 and there is every possibility that it would alter to Section 304 Part II. The applicant, therefore, deserves to 3 be released on bail. He is in jail since last nine months. 4 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. The trial court, however, shall not be influenced by any of the observations made by this Court while granting bail to the applicant. 5 Application is disposed of. (V.M. KANADE, J.)