IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 798/08 Manoj Kisan Bansod vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 27 th MARCH, 2008. Heard Shri Lubesh Meshram, Advocate, for the applicant and Shri D.B.Patel, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The allegations against the applicant are that he has caused death of deceased Roshan Shende, along with other accused and therefore, he is apprehended for the offence punishable under Sections 148, 149, 302 of I.P.C. by P.S.O. Jaripatka, Nagpur, in Crime No. 608/2007. The incident is of 21.10.2007. It is contended by the learned counsel for the applicant that deceased Roshan Shende had himself assaulted the friend of the applicant and he was to be proceeded for the offence under Section 324 of the I.P.C. and the allegations therein are to the extent of making him liable for the offence under Section 307 of the I.P.C. Learned A.P.P. has contended that the allegations against the applicant is that he had shown the spot of incident and there is injury to his hand. In the circumstances of the case, as it appears that the name of the applicant is not mentioned in the F.I.R. and the fact that the possibility of right of private defence is available to the applicant, he cannot be denied bail. In the circumstances, applicant be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial court regularly. Bail in trial Court. It is also made clear that the above observations are in prima facie view of the matter and shall not influence the trial Judge in any way while deciding the matter on merit. Hamdast granted. Application stands disposed of. ` JUDGE Rvj.