1 APPA.1465-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1465 OF 2011 IN CRIMINAL APPEAL NO. 1302 OF 2011 Bablu Kanhayalal Gupta ..Applicant. Vs. The State of Maharashtra. ...Respondent. ---- Ms. Vandana S. Gupta,for Applicant. Mr. P.S. Hingorani, A.P.P. for the State. ---- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE : DECEMBER 13, 2011. P.C.:- 1. Heard learned counsel for the applicant and learned A.P.P. on behalf of the State. 2. The applicant has been convicted for the offence punishable under Section 302 of I.P.C. and sentenced to suffer R.I. for live. 3. The incident in question took place when the applicant saw the 2 APPA.1465-2011 deceased in the company of his wife in compromise position and due to sudden provocation, he assaulted the deceased with hammer and gave three blows. 4. Taking into consideration the facts and circumstances, in our view, this is a fit case for grant of bail. Further, the applicant is residing with his wife and four children, and therefore, he is not likely to abscond. However, certain conditions will have to be put to secure his presence. Accordingly, we pass the following order: i) The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. ii) The applicant shall report to the concerned Police Station once in two months. iii) The applicant shall not go to his native place without seeking permission of this Court. 5. Criminal Application is allowed, and is disposed of accordingly. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.) 3 APPA.1465-2011