1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2164 OF 2010 Saddam Wajid Ali Shaikh. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr. Anjali R.Awasthi for the Applicant. Smt.M.H.Mhatre, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 06/5/2010 PC : 1 This is an application for bail. The applicant is being tried for offences under Section 302, 323 read with 120B of the I.P.C. in Sessions Case No.741/2009. The deceased is one Kadir Qureshi. It is the case of the prosecution that deceased along with complainant boarded rickshaw by force to go to Baiganwadi where the co accused Nos. 3,4 and 5 Atik, Ragique and Javed conduct the same business. The deceased had some dispute with those co accused Nos. 3,4 and 5. While boarding the 2 rickshaw both were carrying swords in the rickshaw and they threatened the rickshaw driver to take them to Baiganwadi. The sword carried by the complainant was found in the rickshaw. After arriving at Baiganwadi, the deceased had banged his sword against the doors and windows of the office of the accused Nos. 3 to 5 and in such background the present applicant who is accused No.1 and his employee Mukhtar came out of the shop. The accused No.1 was armed with iron bar by which he killed the deceased. Accused Mukhtar also gave fist and kick blows to the complainant. Prima facie their right of private defence can be invoked. The question as to whether applicant has exceeded his right has to be gone into. In my view, this is a fit case for grant of bail. It is therefore, directed that in purusance of C.R.No.354/2009 registered by Shivaji Nagar Police Station, the applicant may be released on bail in the sum of Rs.10,000/- with one surety in the like amount subject to the condition that he reports to the Investigating officer once in a 3 fortnight on every first and third Monday between 11.00a.m. and 5.00 p.m. till the disposal of the trial, does not tamper with prosecution witnesses and remains present on all the dates of his trial, unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)