1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No. 3180 of 2010 in Criminal Appeal No. 298 of 2010 (Shivaji Bawadkar v. The State) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. C.R. Deshpanded, Advocate for the applicant Mr. T.S. Lodhe, APP for the respondent / State PER COURT : 1. Heard. 2. The appellant is in Jail since his arrest in this case on 4th March, 2009. Assuming the entire case against the appellant is truthful, he deserved bail even before his case was committed to the Court of Sessions. Unfortunately he probably did not have resources to avail bail. This was a case where the appellant assaulted the deceased with kicks and fists. Due to his assault, the deceased fell down and sought help of a eye witness. The eye witness provided him drinking water and arranged to take him to his house. No one probably suspected that the deceased would succumbed to beating. On next day, in the hospital, the deceased died. It was found that he died due to rupture of liver and gall bladder. 2 Having regard to this, the learned Judge did not convict the appellant under Section 302 IPC, but held that he was guilty of culpable homicide not amounting to murder. This is a fit case to grant bail to the appellant. 3. Suspending the substantive sentence, the appellant be released on bail on executing P.R. Bond of Rs.10,000/- (Rupees Ten Thousand) each with one surety in the like amount, pending disposal of the Criminal Appeal. 4. Application stands disposed of. 15th October, 10 ( A.V.NIRGUDE, J. ) SRM/