1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5472 OF 2009 Ravi Walavalkar. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr. S.R.Chitnis, Sr.Counsel i/by Mr.Khan Abdul Wahab and A.Shaikh for the Applicant. Smt.V.R. Bhosale, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 1st April, 2010 PC : 1 This is an application for grant of bail. The applicants is shown as an accused in C.R.No. 154/2009 registered by Dharavi Police Station for alleged offences under Section 302,324 read with 34 of the I.P.C. Deceased is one Ambu. One other person was also injured in the offence. It is seen that there is also cross case filed by the present accused No.3. At his behest police have registered C.R.No.155/2009 for offence punishable under Section 324,326 read with 34 of the I.P.C. There are four injured persons in this case filed at the 2 behest of the present accused No.2. Amongst injuries which are caused to the four injured persons in C. R .No.155/2009 two persons have suffered injuries of sword whereas one person i. e. Ravi had received two incised wounds. One of the incised wound as recorded in the medical certificate is cutting wound on left upper portion by 2 inch x 0.25 inch of the tendon of the left hand and the wound is grievous one. Statement of the eye witnesses including the injured eye witnesses do not explain the injuries suffered by the party of the accused. In such circumstances, possibility of taking defence of right of private defence arise and the advocate for the applicant states that this defence has been taken while cross examining the witnesses examined so far. The learned APP states that there are no antecedents and the complaint indicates that accused also assaulted the deceased and his party only when they tired to intervene in the dispute going on which was allegedly overcharging the accused 3 persons. The record therefore, does not indicate that the incident took place out of any previous enmity. Taking into consideration the aforesaid facts, I am inclined to grant bail to the applicant subject to stringent condition. It is therefore, directed that pending his trial in Sessions Case No.517/2009, the applicant may be released on bail in the sum of Rs.25,000/-with one surety in the like amount subject to the condition that he will stay out of Greater Bombay and will enter the Greater Bombay only on the date and for the purpose of his trial. Application is disposed off. ( R.S. MOHITE, J.)