KISAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant accused of having committed offence under Section 302 registered under C.R. No. 35 of 1997 with Vadgaon Nimbalkar Police Station has applied for bail. The applicant came to be arrested on 9th July 1997. The background of the assault is that there was quarrel between the deceased and the accused because the deceased refused to sell liquor to the applicant which the latter demanded. This incident had taken place at about 5.30 in the evening and thereafter the quarrel took place at about 7 p.m. when the applicant is alleged to have assaulted the deceased with fist blows and with stone. The charge-sheet is already filed and from the post-mortem report it appears that the deceased had suffered CLW on his forehead and some other injuries. No fracture had resulted due to the injury received by the deceased. The doctor has not given opinion on the cause of death. The certificate dated 9th September 1997 is annexed to charge-sheet stating that the death did not occur due to the injuries of the scalp as there was no fracture to skull nor there was cerebral hemorrhage. In the aforesaid background the bail could be granted to the applicant.

(2.) I, therefore. allow this application and direct the release of the applicant in the sum of Rs.10,000/- with one or two sureties in the like amount on the condition that he shall not threaten the witnesses and shall report to the Police Station once in a fortnight.