1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 173 OF 2011 IN CRIMINAL APPEAL NO. 93 OF 2010 (Sidhartha Tukaram Mendhe vs. The State of Maharashtra) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R.K. Tiwari, Advocate for the applicant. Mr. D.B. Yengal, APP for the respondent. ….. CORAM : MRS. V.K. TAHILRAMANI & M.L. TAHALIYANI, JJ. MARCH 23, 2011. Heard Shri Tiwari, learned counsel for the applicant – original accused No. 1 and Shri Yengal, learned APP for the respondent – State. The applicant has been convicted under Section 302 read with Section 34 of Indian Penal Code for causing death of Shobhelal. The applicant is seeking bail. It is the case of the prosecution that the applicant along with other accused assaulted Shobhelal by means of kick blows, fist blows and stick. The post mortem notes show multiple abrasions near eyes, elbows and chest and contusions on both the arms, lower abdomen and buttock. The cause of death is shock due to internal haemorrhage. The learned counsel for the applicant 2 submitted that the case would not fall under Section 302 of Indian Penal Code but it would fall under Section 304, Part II or at the most under Section 302, Part I of the Indian Penal Code. On going through the nature of injuries and the evidence on record, prima facie we find much merit in the submissions. Therefore, we are inclined to grant bail. Hence, the following order : The sentence imposed on the applicant/ appellant is suspended. The applicant be released on bail on executing P.R. Bond of Rs.25,000/- with one surety in the like amount. The applicant shall report once in a fortnight to Ramtek Police Station till the disposal of the appeal. Criminal Application is allowed in above terms. JUDGE JUDGE *GS.