1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.972/2009 WITH CRIMINAL APPLICATION NO.1131/2009 Amit B.Patel Applicant Vs. State of Maharashtra Respondent Mr.A.H.H.Ponda for the applicant Mr.A.S.Shitole,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 6th October,2009 P.C. . Heard both counsel. 2] This appeal is preferred against the judgment and order dated 23/9/2009 passed by the learned Sessions Judge,Greater Mumbai convicting the appellant for the offence punishable u/s 304 Part II of the Indian Penal Code sentencing him to suffer R.I.for five years, pay fine of Rs.30,000/- i/d to suffer R.I.for three months. 3] The appeal is admitted. 4] The bail application is preferred by the appellant/accused. The learned counsel for the appellant submits that the appellant on the date and time of the incident was in the park alongwith his family members and the deceased alongwith three persons arrived in the park and tried 2 to misbehave with the couples and also the women. The deceased insulted and intimidated the accused and his family members. On seeing the indecent ,gestures and hearing the abusive words of the deceased the appellant was provoked. It is submitted by the learned counsel that the deceased tried to attack him and thereafter the appellant took out his licensed revolver ,pointed out and tried to resist but could not stop him and thereafter ,fired a single shot which resulted into non- intended death of the deceased. The learned counsel submits that the appellant has a good case on merit. He was on bail throughout the trial and there are no criminal antecedents. The learned A.P.P.agrees that it is an unfortunate incident which has taken place in the public park. 5] Considering the facts and also the evidence the appellant /accused is released on bail of Rs.15,000/- with one surety in like amount. 6] The learned counsel for the appellant prays for cash bail of Rs.15,000/- temporarily. Granted. Surety be furnished on or before 9/11/2009. (MRS.MRIDULA BHATKAR,J.)