1 20611 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 206 OF 2011 IN CRIMIAL APPEAL NO. 71 OF 2008 Shivkumar Shankar Barsiya ...Applicant V/s. The State of Maharashtra ...Respondent Mr. P.R. Dave for the Applicant Mr. Y.S. Shinde, A.P.P., for the State CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 1ST MARCH, 2011 P.C.:- Heard the counsel for the applicant and the learned A.P.P. 2. The applicant prays for bail essentially on the argument that the prosecution case, even if taken as it is, would attract provisions of Section 304 Part II of the Indian Penal Code, and, by no stretch of imagination, it can be a case falling under Section 302 of I.P.C. 2 20611 3. Insofar as the complicity of the applicant in the commission of crime is concerned, that is beyond the pale of doubt, as one eye- witness has deposed about the involvement of the applicant. The applicant was the aggressor and gave blow to the victim, which resulted in his death. The blow was given on vital part of the body by bamboo stick. In our opinion, the view taken by the trial Court in rejecting the argument of applying Section 304 Part II of I.P.C., inter alia, as noted in paragraph 28 of the impugned decision, is a possible view. 4. In that view of the matter, no case for bail is made out. Application is rejected. A.R. JOSHI, J. A.M. KHANWILKAR, J.