1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2307/2009 (Sunil Pralhad Wakde vs. State of Maharashtra) --------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... Mr A R Wagh , Adv.for applicant Mr Anup Parihar APP for Respondent -State CORAM: A.P. BHANGALE,J. DATED: 06 th August, 2009. 1. Heard. 2. By this application, the applicant prays for grant of bail on the ground that it is a case s single stab blow in a scuffle between two brothers in which the applicant was also injured suffering five abrasion injuries caused by a blunt object. Although the applicant had suffered injuries described as simple, it is contended that he had no intention to murder his brother otherwise there would not have been a single injury. It appears that these contentions were also advanced before the learned Ad- hoc Addl.Sessions Judge I Chandrapur who, prima facie, observed that the applicnt has intention to cause the death by using the sharp weapon and assaulting on the chest and vital organs and, as such, denied the benefit of bail to the applicant. 3. The learned APP states that he has received instructions indicating that the trial is in progress before the Sessions Court at Chandrapur. At this stage, it would be suffice to say that even if a single blow forcefully made on vital part of the body can be construed as an intention for offence u/s 302 IPC. The contentions of the applicant that he was also injured at the time of the incident and had received injuries and that he had no intention to kill his brother are all contention in defence. This can be appropriately appreciated and examined on the basis of entire evidence 2 which may be led before the trial Court. 4. In view of the statement that the trial is already in progress, I am not inclined to grant bail. Application stands rejected. The applicant to cooperate with the early completion of the trial. JUDGE. sahare