: 1 : : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.4001 OF 2006 Pradeep Suresh Pawar ..Applicant Versus The State of Maharashtra ..Respondent Mr.S.R.Chitnish, Sr. Counsel i/b Mrs.V.R.Raje for applicant Mr.P.A. Pol, APP for State CORAM : S.C.DHARMADHIKARI,J. DATE : 20TH NOVEMBER, 2006 P.C.: 1. The applicant is arrested in connection with C.R.No.337 of 2006 registered with Kalamboli Police Station. The offence alleged is punishable under Section 302 of I.P.C. : 2 : : 2. The only submission of Shri Chitnis, the learned Senior Counsel appearing for the applicant-accused, is that the applicant is the owner of the premises/flat which was rented out to one Krishna Kumar and the deceased. The deceased had not paid rent for two months. The applicant upon the rent being unpaid visited the premises and demanded the same. The deceased was present and once again expressed his inability to pay the same. In other words, he refused to pay the same. The applicant was enraged by this act and picked up the lid of pressure cooker in the house and hit the deceased on his head with the same. He submits that this is an act which has taken place on the spur of the moment. The applicant was not carrying any weapon nor the prosecution alleges any other act on his part preceding the incident. In such circumstances, according to him, no offence which is punishable under Section 302 of IPC is made out. 3. The learned APP apart from pointing out that the incident is admitted also contended that the witness Krishna Kumar is not residing in New Bombay but in the State of Kerala. The applicant is a local person and there is every likelihood that he would threaten the prosecution witnesses or otherwise tamper with the same. : 3 : : 4. Upon reading the FIR, in my view, there is substance in the contention of Shri Chitnis that the incident occurred on the spur of the moment. Prima facie, therefore, it is not as if the applicant as the landlord had entered the premises with the intent of putting an end to the life of the deceased. In such circumstances, and by imposing stringent conditions the applicant can be granted bail. Hence the following order : O R D E R : (i) The applicant shall be enlarged on bail in connection with C.R.No.337 of 2006 registered at Kalamboli Police Station subject to furnishing a personal bond of Rs.20,000/= with one or two local sureties in the like sum; (ii) The applicant to report to Kalamboli Police Station for a period of two months and thereafter as directed by the trial court. (iii) The bail is granted subject to condition that the applicant shall not, directly or : 4 : : indirectly, make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with prosecution evidence. (iv) The applicant shall cooperate with the Trial Court for expeditious disposal of the trial. Any attempt by the applicant to delay the trial may be a ground for cancellation of bail. (v) Any observation/s made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (vi) Application is disposed of in above terms. (S.C.Dharmadhikari, J.)