Cr.MPM No.563/2009 23.07.2009 Present: Mr. Tarlok Chauhan, counsel for the applicant. Mr. Ramesh Thakur, Assistant Advocate General, for the respondent-State. Heard and gone through the record. Applicant, alongwith his brother Balwant Kumar, has been booked for offences, under Sections 304, 323, 447, read with Section 34 of the Indian Penal Code. Case against the applicant and his brother Balwant Kumar, as per FIR lodged by one Ashok Kumar, is that on 8th April, 2009, when said Ashok Kumar, his brother Mohinder, father Prithi and mother were warming themselves near the hearth, they noticed that a herd of sheep and goats of the applicant and his brother Balwant Kumar had trespassed into the nearby field and had started damaging mustard, barley and garlic crops. Ashok Kumar, accompanied by his father Prithi and brother Mohinder, went to scare away the sheep and goats. Some scuffle took place between Ashok Kumar, his father and his brother, on one side, and the applicant and his brother Balwant Kumar, on the other, and in the course of that scuffle, the applicant (Ram Singh) happened to push Prithi Singh, as a result of which he fell down a 20 feet high precipice and sustained head injury, which caused death instantaneously. …2... Cr.MPM No.563/2009 Looking to the facts and the circumstances, as narrated hereinabove, I am of the considered view that this is a fit case, where Court’s discretion in the matter of grant of bail should be exercised in favour of the accused. Hence, the application is allowed and the applicant is ordered to be released on his furnishing a personal bond in the sum of Rs.10,000/-, with one surety in the like amount, to the satisfaction of Chief Judicial Magistrate, Chamba. Copy dasti. July 23, 2009(sd) (Surjit Singh), J.