..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2477 OF 2008 Nitin @ Ganpat Shivaji Koli. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.S.V.Marwadi, Adv. for applicant. Mr.H.J.Dedia, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 1st August, 2008. DATED : 1st August, 2008. DATED : 1st August, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.32 of 2008 of Varjemalwadi Police Station,Pune. The said case is under Section 302 of IPC. 3. Witness Ashish and other witneeses have stated that on the night of 17.2.2008 at 11:15 p.m. deceased Vijay was drunk and he was abusing the applicant. The applicant was trying to explain to Vijay. However,Vijay was not in a mood to listen and keep threatening the applicant that ..(2).. he would murder him. Thereafter the applicant went to the police station to lodge complaint against Vijay. At about 1 a.m. Vijay came to the house of Ashish. He was armed with revolver. He told Ashish that Nitin i.e applicant had lodged complaint against him. He caught hold of the neck of Ashish and pointed out revolver at the forehead of Ashish and told him to show the house of the present applicant. Hence Ashish took Vijay to the house of the applicant. Vijay knocked on the door of the applicant. The mother of the applicant opened the door. Thereupon Vijay pointed out the revolver at the mother of the applicant. The prosecution case is that at that time the applicant fired one shot with countrymade revolver at Vijay. 4. Mr.Marwadi the learned Counsel for the applicant submitted that the applicant had only fired one shot with firearm at Vijay and the said act occurred in the exercise of right of private defence as Vijay had pointed out a firearm at the mother of the applicant. Hence, the applicant apprehended that Vijay would kill his mother. Hence the applicant fired one shot at Vijay. Looking to the material on record, I find much ..(3).. merit in this submission and hence I am inclined to grant bail to the applicant. 5. The applicant - Nitin @ Ganpat Shivaji Koli to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount. The applicant shall report to Varjemalwadi Police Station, Pune once in fortnight, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)