1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Bail Application No.1090 of 2009 IN Criminal Appeal No.387 of 2006 Farukh Ahmed Gulam Mohammed Khan .. .. Applicant (Orig. Accused) v/s. The State of Mah. .. .. .. Respondents Mr.H.E. Mooman for Applicant. Mr.S.R. Shinde, APP for State. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 17th November 2009 P.C. : 1.The Applicant is convicted under Section 304 (Part-I) of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for 10 years. There has been no previous prosecution or conviction. The Applicant was a Security Guard/Watchman. He was in possession of gun. The gun was licensed to another person. There was an altercation in which that gun was used. Hence the Applicant s conviction is for a distinct one-time offence. 2.The Applicant was initially charged under Section 302, though he has been convicted under Section 304(1) of 2 the IPC. He has been in custody from 31.10.2004. He has served 5 years of sentence out of 10 years imposed upon him since 9.3.2006. 3.Since the Applicant is seen to have undergone half the sentence imposed, and since a sentence is under Section 304(1) which does not show or imply that it is liable to repetition, the accused would be entitled to be released as per the present policy laid down by the Apex Court. 4.The accused is from the State of Jammu & Kashmir. His local address is in Kurla. He has been arrested from his local address. The Applicant shall produce proof of the continuance of the local address shown in the title of this Application to the Jail Superintendent. The Applicant is released on bail in a sum of Rs. 25,000/-. The Applicant shall furnish one local surety from Mumbai in a sum of Rs.25,000/-. The Applicant shall report before the Senior PI of the BKL Police Station, Mumbai, twice a week on every Monday and Thursday between 10 a.m. And 12 Noon. The Applicant shall not leave the jurisdiction of this Court until the Appeal is heard. 5.Application disposed of accordingly. (SMT.ROSHAN DALVI, J.)