( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3250 OF 2009 IN CRIMINAL APPEAL NO. 448 OF 2009 Somnath s/o Manikrao Hargude, R/o Nagapur, Tal. Parali-Vaijanath, District Beed. APPLICANT VERSUS The State of Maharashtra RESPONDENT ..... Mr. S.A. Ambad, advocate for the applicant. Mr. N.R. Shaikh, APP for the respondent/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th October, 2009] PER COURT : 1. The application is for bail. 2. Heard learned counsel and learned A.P.P. 3. The applicant is convicted by the learned Adhoc Additional Sessions Judge, Ambajogai, for offence punishable under section 304 Part-II of the I.P. Code and is sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs. 1000/-, in default ( 2 ) to suffer simple imprisonment for two (2) months. 4. The applicant was on bail during course of trial of the Sessions Case. The learned counsel for the applicant points out from the testimony of PW8 Dr. Ujwala Kshatriya and the post-mortem notes that there were three (3) abrasions, one contusion on right ankle and an inflected wound on right wrist of the deceased. There was no skull fracture as such. In the opinion of the Medical Officer, deceased Ganesh Madanrao Dange died as a result of Pneumonia, which was due to head injury with fracture of left radius and ulna. The post mortem notes prima facie show that there was no fracture to the skull. It appears that deceased Ganesh was assaulted on 14-05-2007 whereas he died after about a couple of weeks. The probability of the prognosis due to Pneumonia caused to him is prima facie reflected from the medical opinion. It appears that no serious injury was noticed on vital part of the body of deceased Ganesh. Considering this aspect, it is probable that the appellant may not be having knowledge that his act would result into death of Ganesh. 5. For the reasons aforestated, the nature of ( 3 ) offence may be different as one under section 326 or section 325 of the I.P. Code. The appellant is entitled to seek liberty in as much as the appeal is likely to come up for final hearing after a good deal of time. 6. In the result, the application is allowed. The applicant (Somnath s/o Manikrao Nargude) is directed to be released on bail, if he would furnish bail bonds alongwith a surety bond in sume of Rs. 25,000/- (rupees twenty five thousand) before the Sessions Court, Ambajogai within two (2) weeks. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln3250-09