1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 420 of 2011 (Anil S/o. Ramchandra Sawarkar Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. D.R. Bhoyar, Advocate for the applicant. Mr. S.S. Doifode, A.P.P. for the State/respondent. CORAM : M. N. GILANI, J. DATE : 10 th AUGUST, 2011. Heard both sides. On 14/11/2010, there was scuffle between the injured Goverdhan and the applicant. The applicant is a cobbler by profession. During scuffle, he picked up a rapi (an instrument used to cut leather by the cobblers) and dealt its blow on the abdomen of Goverdhan. The statement of Goverdhan further shows that on earlier day also, there was quarrel between them. Thus, it is the case of occurrence in a spur of moment and a single blow, of course, on vital part. The applicant is in custody from 14/11/2010. Although, the decision in case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra, 2001 Crimes (SC) 3 410, was cited before the learned Additional Sessions Judge, it was distinguished and ultimately bail application was rejected. 2 Considering the facts and circumstances of the case, this Court is of the view that right to release on bail cannot be denied to the applicant. The application is allowed. The applicant is directed to be released on his executing P. R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two surety in the like amount Hamdast granted. JUDGE *sdw