FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2294 OF 2009 (Shivaji Gangadhar Bawadkar Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. N.V.Gaware, Adv., for the applicant. Mr. P.M.Shinde, AGP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 24/7/2009 P.C.:- 1. The deceased, while resting, had the unfortunate interaction with the accused, who was under influence. The accused snatched pen of the victim, being annoyed as to why it was so done, the kick and fist blows at the abdominal area resulted in the victim/deceased succumbing to the injuries on the next day i.e. 4th March, 2009. The Counsel would argue, there was no intention. The case, at the most can be within the bracket of Section 304 Part II of IPC and the accused resides in the village and will abide by the conditions of attendance. 2. The nature of accusations against the accused though may be showing that he was under the influence but, he had the gumption to have kick and fist blows to the vital part of the deceased. It is not that the deceased was already undergoing some physical ailment causing the death. The role of the accused being of grave nature, his giving attendance by itself will not be sufficient. The release of the accused, naturally, will tantamount to affording an opportunity to influence the witnesses. Hence, order. Bail rejected. (K.U.CHANDIWAL) JUDGE agp/crapln2294-09