[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1882 OF 2008 1. Shri.Jaman Barkya Potinda 2. Shri.Yuvraj Jaman Potinda 3. Smt.Thakibai Jaman Potinda ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.C.V.Lad Advocate for Applicants Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.I-39 of 2006 of Jawhar Police Station. The said case is mainly under Section 302 of IPC. 3. There was money dispute in between the applicants and the deceased. On account of this dispute, on 18.7.2006, there was hot exchange of words between them. Thereafter, scuffle took place. During the said scuffle, the applicants assaulted the deceased by means of fist and kicks [-2-] on the stomach of the deceased. The injured was taken to the hospital, however, he died on 21.7.2007. 4. Looking to the fact that the deceased died on 21.7.2007 and the role attributed to the applicants i.e. assault by means of fist and kick blows and the fact that the incident took place during sudden quarrel, prima facie, I find much merit in the submission that the case would not fall under Section 302 of IPC, hence, I am inclined to grant bail. 5. Each of the applicant nos.1 to 3 i.e. applicant no.1-Jaman Barkya Potinda, applicant no.2-Yuvraj Jaman Potinda and applicant no.3-Smt.Thakibai Jaman Potinda to be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicants to report to Jawhar Police Station, once in a week till conclusion of the trial. 6. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]