IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 403/2008 Sahasram Sitaram Kumbahalkar ..vs.. The State of Maharashtra. ---------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 29 th FEBRUARY, 2008. Heard Shri R.M.Daga, Advocate, for the applicant and Yengal, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The application of the applicant was rejected by the learned Additional Sessions Judge, Bhandara precisely on the ground that the offence is of serious nature and if the applicant is released on bail, the society will remain in danger and others will embolden to commit similar crime. The reply filed by the learned A.P.P. perused. Even if, it is assumed for a moment that the applicant was the assailant, there appears to be no intention, ex-facie, to cause death. A small stick appears to have been used for commission of the offence, though the injury was on the head, it appears to be because of quarrel. In the circumstances, it is difficult at this stage to say that the offence under Section 302 of the I.P.C. is positively made out. In the circumstances, the applicant would be entitled for bail, however, subject to conditions. The applicant be released on his furnishing surety and P.R.Bond of Rs. 20,000/-, subject to conditions that he shall not commit any offence, so also he shall attend the trial regularly. Bail in trial Court. It is made clear that the above observations are in prima facie view of the matter and they shall not influence the learned trial Judge while deciding the matter on merit. Application stands disposed of. JUDGE Rvj.