..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2297 OF 2008 Sonu Abdul Hamid Khan. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.Amol A. Deshpande, Adv. for applicant. Ms.A.T.Jhaveri, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 12th August, 2008. DATED : 12th August, 2008. DATED : 12th August, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.76 of 2007 of Nigdi Police Station. The said case is under Section 302 of IPC. 3. It is the prosecution case that when deceased Raju was returning home one of the coaccused Appa Ahire abused him. Thereafter Appa Ahire and other accused persons including the applicant assaulted the deceased Raju with stones. Witness Suvarna has stated that she has seen the ..(2).. applicant and other accused assaulting Raju with stone. Raju died on the spot. Six injuries have been found on the body of Raju. Most of the injuries are on the vital part of the body. The injuries are consistent with the assault by stone. The learned Advocate for the applicant has submitted that the case would not fall under Section 302 IPC as the incident had take place during sudden quarrel. Even if the incident has taken place during sudden quarrel, it is seen that the deceased was assaulted by five accused persons with stones. The deceased was not armed at that time. Thus, it is seen that the accused persons had taken undue advantage. Hence even though the incident has occurred during sudden quarrel, the accused persons having taken undue advantage of the situation would not get benefit. The case would fall under Section 302 of IPC. Looking to the material on record, I am not inclined to grant bail to the applicant. Application for bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)