-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION APPLICATION NO.275 OF 2008 IN APPEAL NO. 233 OF 2008 Shri.Iqbal Mohammed Kazi ..Applicant Vs. The State of Maharashtra and Ors. ..Respondents .... Mr.A.P.Mundargi senior counsel for the Applicant Mr.P.S.Hingorani APP for State .... CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE DATE DATE : APRIL 08, 2008 : APRIL 08, 2008 : APRIL 08, 2008 P.C.: P.C.: P.C.: 1. Heard the learned senior counsel for the Applicant and the learned APP for the State. 2. The Applicant has been convicted under Section 307 of IPC. The applicant is now seeking bail. -2- 3. It is the prosecution case that the Applicant had fired two shots. The injuries sustained by the complainant were two abrasions and one blunt trauma to back. As far as the abrasions are concerned, the said abrasions were on index finger of the left hand and on the left hand below the thumb. As far as the blunt trauma to back is concerned, Doctor has stated that no external visible injuries were noted. Our attention is also drawn to the evidence of the Doctor wherein he has stated that all the injuries were simple in nature and the admission of the Doctor that all the injuries can be caused in scuffle by beating him with fist and hands. 4. The learned counsel for the Applicant has submitted that the Applicant was on bail pending trial and he has not misused the liberty granted to him. He further submitted that besides the present case, the Applicant has a clean record. Both these statements have not been controverted by the prosecution. Looking to the above facts and the evidence on record, we are inclined to grant bail to the Applicant. 5. The Applicant-Iqbal Mohammed Kazi be released -3- on bail in the sum of Rs.20,000/- with one surety to make up the said amount. During the pendency of the appeal, the Applicant shall report once in a month to Dongri Police Station, Mumbai. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.]