1 (Appa 1334 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1334 OF 2011 IN CRIMINAL APPEAL NO.672 OF 2010 Inamulrab Mohammed Kayum Kahim Kadri Ansari ..Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.S.P. Kadam for Applicant Ms.A.T. Javari -APP for State ----- CORAM: V.M. KANADE & M.L.TAHALIYANI, JJ. DATED: 15th November, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the learned APP for the State. 2. This is an application for bail. The Applicant was convicted by the Trial Court for the offence punishable under section 302 r/w. 34 of the Indian Penal Code. It is a common ground that there was a scuffle between the accused and other co-accused and the deceased. In that scuffle, the accused assaulted the deceased with kick blows and fist blows. According to the prosecution, the 2 (Appa 1334 of 2011) deceased lent an amount of Rs.600/- to the Applicant herein and on account of non-payment of the said amount, there was a quarrel between the deceased and the accused. The doctor, who performed the postmortem, has given his opinion that the death caused due to asphyxia. 3. Taking into consideration the fact that no lethal weapons were used by the Applicant and there was a sudden fight, in our view, the Applicant, under these circumstances, deserves to be released on bail. Further more that the Applicant is in jail since 2009 and this appeal may not be heard at least couple of years. 4. The Applicant is, therefore, directed to be released on bail on execution of a P.R. Bond in the sum of 10,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. Criminal Application is, accordingly, disposed of. (M.L.TAHALIYANI J.) (V.M. KANADE J.)