( 1 ) cria4987.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4987 OF 2010 Saifulla Habib Pathan .. Applicant Age. 22 years, Occ. Business, R/o. Mahadev Galli, Nawapur, Tq. Nawapur, Dist. Jalgaon. Versus The State of Maharashtra .. Respondent Mrs. S.S. Jadhav, Advocate for the applicant. Mr. N.H. Borade, A.P.P. for respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 23.12.2010 P.C. :- 1. This is an application for bail. 2. The applicant is arrested in connection with Crime No. 154 of 2010 registered at Nawapur Police Station for offence punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code, besides provisions of the Bombay Police Act. ( 2 ) cria4987.10 3. Heard learned advocate for the applicant and learned A.P.P. for the State. 4. Perusal of the investigation papers prima facie show that the incident occurred in the noon of 8th October, 2010. The reason which triggered the incident is said to be denial of the injured (victim – Shaikh Abrar) to deliver L.P.G. cylinder. It appears that there was fracas between the victim Shaikh Abrar and the applicant, when the L.P.G. cylinder was not delivered as per his demand. It appears that, thereafter, the appellant stabbed the victim by means of small sword (Gupti) in the chest. 5. Considering the investigation papers, it prima facie appears that the incident sparked off at the spur of moment due to heated altercations between the victim and the applicant on account of non-delivery of L.P.G. cylinder. It appears that the applicant was demanding L.P.G. cylinder which was not delivered to his sister. The victim was engaged as a “delivery boy” by the L.P.G. distributor. ( 3 ) cria4987.10 Needless to say, the victim was not himself owner of the L.P.G. cylinder agency and was only a delivery boy, but probably due to exchange of hot words between the victim and the applicant, all of a sudden the applicant was flared up and stabbed the victim by means of small sword. 6. The learned advocate for the applicant would submit that the applicant is ready and willing to reside outside the township of Nawapur during pendency of the Sessions Case. In view of the fact that there was no premeditation designed to commit the offence and that the victim is discharged from the hospital, it would be appropriate to grant liberty to the applicant, who is a young person and probably took up cause of his married sister. The detention of the applicant in prison is no more required for the purpose of investigation. The charge-sheet is already filed and the Sessions case is likely to be taken up for effective hearing within shot span. 7. Taking over all view of the matter, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs. 15,000/- (Rupees ( 4 ) cria4987.10 Fifteen Thousand Only) with one solvent surety bond in like sum to the satisfaction of the Court of Sessions and on further condition that he shall furnish an undertaking to the effect simultaneously while furnishing the bail bond that he will not enter local limits of Nawapur during pendency of the Sessions case and shall not make any attempt to influence the witnesses by any means. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cria4987.10