- 1 - aba708.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.708/11 Arun Ramchandra Shirore .. Applicant vs State of Maharashtra (at instance of Deolali police stn) .. Respondents Mr.S.V.Marvadi i.b.Ms.Swapna Kode for Applicant Ms.P.P.Shinde APP for Respondents CORAM: J.H.BHATIA, J DATE: 29th August, 2011 P.C. 1. Heard learned counsel for the Applicant. Perused the relevant documents. It appears that the Applicant had purchased some agricultural land and in the Sale deed it was mentioned that he had got full right in the well. However, there was some dispute about the boundaries. On 7.5.2011 measurement of the land was taken. After - 2 - aba708.11 measurement one Shamkant Vishnu Dhamne, who is the brother of the first informant Bharat Vishnu Dhamne, told the Applicant that even though in the Sale deed it was mentioned that the Applicant had full right in the well, in fact one Khanderao had 1/2 share in the land and when they had reached the well a scuffle took place between the Applicant and the said Shamkant Vishnu Dhamne. During the scuffle, the Applicant dashed and felled said Shamkant Vishnu Dhamne in the well. Head of Shamkant dashed against the stone wall in the well and he died. 2. The learned counsel for the Applicant contends that it is not case of murder. Even though it may not be so,it may be a case under section 304 part I or II of IPC. The investigation is still going on. Therefore, in such a case, in my opinion, it will not be in the interest of justice to - 3 - aba708.11 grant anticipatory bail. Application stand rejected. J.H.Bhatia, J