-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE JURISDICTION APPLICATION NO.77 OF 2008 IN APPEAL NO. 68 OF 2008 Shri.Mustaq Abdul Gani Khan ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.S.P.Kadam Advocate for Applicant Mr.H.J.Dedhia APP for Respondent-State ... CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : MARCH 19, 2008 DATE : MARCH 19, 2008 DATE : MARCH 19, 2008 P.C. P.C. P.C. 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The Applicant has been convicted under Section 302 of IPC. The appeal preferred by the Applicant is pending before this Court. The Applicant is now seeking bail. -2- 3. No weapon is attributed to the Applicant. Weapon is attributed only to accused No.1 Jahir Mohammad Shaikh and the witnesses have stated that it was accused no.1 who was holding stone in his hand and assaulting Kishore on his head with the stone. All the injuries on the body of the deceased were found on the head and the cause of death was "fracture of skull with lacerations of brain and internal haemorrhage". P.W.7 Dr.Babar who has conducted post-mortem, has opined that injury is possible due to stone. Looking to this fact, we are inclined to grant bail to the Applicant. 4. Applicant-Mustaq Abdul Gani Khan to be released on bail in the sum of Rs.15,000/- (Rs. fifteen thousand only) with one or two sureties to make up the said amount. Before being released on bail, the Police Station House Officer shall be informed about the place at which the Applicant will reside during the period that he is on bail. 5. Application is disposed of. -3- [SMT.V.K.TAHILRAMANI, J.] [ S.B.MHASE, J.] [SMT.V.K.TAHILRAMANI, J.] [ S.B.MHASE, J.] [SMT.V.K.TAHILRAMANI, J.] [ S.B.MHASE, J.]