IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1332 OF 2008 CRIMINAL APPLICATION NO. 1332 OF 2008 CRIMINAL APPLICATION NO. 1332 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1237 OF 2008 CRIMINAL APPEAL NO. 1237 OF 2008 CRIMINAL APPEAL NO. 1237 OF 2008 Urfi Samban Khan ...Applicant (Orig.Accused No.4) vs. The State of Maharashtra ...Respondent Mr.Milind Dande for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : DECEMBER 4, 2008 DATED : DECEMBER 4, 2008 DATED : DECEMBER 4, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted by the trial court for the offence punishable under Section 304 Part II of the IPC and sentenced to suffer RI for 5 years. 3. Counsel for the applicant submitted that the applicant herein and the other accused had assaulted the deceased only after they were assaulted by Mainuddin. He invited my attention to the order passed by the trial court wherein this fact had been accepted by the trial - 2 - court. In para 70 of the order, the trial court has recorded a finding that Mainuddin had assaulted the applicant and one Sayyad and due to the said provocation, the applicant and Sayyad had started beating Mainuddin with iron rod. 4. Taking into consideration the fact that due to the sudden fight and the applicant and other accused had in retaliation assaulted Mainuddin, prima facie case is made out for grant of bail. 5. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall report to the Malwani Police Station once in a month. 6 The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)