BHAJANDAS TUKARAM KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the applicant and the learned A.P.P.

(2.) THE applicant is seeking bail in connection with C.R.No.53 of 2007 registered under sections 307, 324, 323, 147, 148 r/w 149 of IPC and subsequently under section 302 IPC in view of death of the deceased Baban Salunkhe who died in the hospital after two days.

(3.) LEARNED counsel for the applicant submits that at this stage taking the story narrated in the FIR on the face of it will not make out a case under section 302 IPC. At the most, it could be a case under section 304 part II of IPC. He thus submitted that the applicant would be entitled for bail. He placed reliance on the judgment of the learned Single Judge of this Court in Criminal Application No.930/1999, wherein in a identical facts the accused were enlarged on bail by the Apex Court.