1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. APPLICATION (BA) NO.266 OF 2011. (MANOJ LAXMANRAO KUKDE..VS.. STATE OF MAH. THR. PSO, P.S. BUTIBORI.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : M.L.TAHALIYANI, J. DATE : MAY 20, 2011. Heard Mr. G.B.Hemke, learned counsel for the Applicant and Mr. M.A.Kadu, learned Additional Public Prosecutor for the respondent. Perused F.I.R. and medical certificates. No doubt the injured had remained in hospital for about 10 days. However, considering the facts of the case it does not appear that the offence was premeditate. It had occurred on a spur of moment when the injured had attempted to intervene in the quarrel between the applicant and brother of the injured. From the facts of the case, it can be seen that the facts do not disclose that there was intention on the part of the applicant to cause death of the injured or to cause such bodily injury which was sufficient to cause death in ordinary course of nature. It is, therefore, possible that the case may not fall under Section 307 of the Indian Penal Code. It is noted that, initially, the first information report was registered for the offence punishable under Section 326 of the Indian Penal Code. The applicant is in custody since last five months. There is no history of previous cases or conviction. 2 In the circumstances, a strong case is made out for grant of bail. Hence, the applicant be released on bail in the sum of Rs.Fifteen Thousand with one solvent surety in the like amount or two sureties of Rs.7,500/- each in lieu of one surety of Rs.Fifteen Thousand, to be furnished to the satisfaction of the trial Court. The applicant shall not leave the jurisdiction of Nagpur Sessions Court without prior permission of the trial Court. The application stands disposed of accordingly. JUDGE RR..