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. 776 OF 2007 CRIMINAL APPLICATION NO. 776 OF 2007 CRIMINAL APPLICATION NO. 776 OF 2007 IN IN IN CRIMINAL APPEAL NO. 624 OF 2007 CRIMINAL APPEAL NO. 624 OF 2007 CRIMINAL APPEAL NO. 624 OF 2007 Pervinderjeet @ Gogi Dhanuva ] .. Applicant Versus The State of Maharashtra ] .. Respondent Mr. Mukesh Modi h/f Mr. H.H. Ponda for the applicant. Mrs. A.S. Pai, APP, for the respondent. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 28TH JANUARY, 2008 P.C. : 1. Heard learned counsel. 2. This is a bail application by the accused-applicant who has been convicted in sessions case No.289 of 2005 by the 9th Ad-hoc Additional Sessions Judge, Sewree Court Room No.9, Sewree, Bombay, for offence under section 302 IPC. 3. The applicant wanted to recover the amount of Rs.3,000/- from the complainant and for the said purpose, the applicant called the complainant at a : 2 : specified place and thereafter, the complainant called the deceased at the said place. When the deceased came to the said place, the applicant demanded the amount of Rs.3,000/- from the complainant and when the deceased tried to intervene, the applicant started quarrelling with the deceased. He then took out a knife from his pant pocket and has given a blow on the chest of the deceased as a result of which, the deceased succumbed to the injuries. 4. The learned counsel for the applicant tried to submit that there was no premeditation or intention to cause death and it was a case of single blow given by the applicant and, therefore, it cannot be a case of section 302 IPC and, therefore, bail may be granted. 5. We do not accept the submission made by the learned counsel. According to us, the submission is without merit. Prima facie, what we find is that the applicant came to the spot armed with knife and the part of the body he has selected to give a blow viz. the chest prima facie, showed that this is not a case of section 304 Part-I or Part-II of the IPC, but a case of section 302 IPC directly. : 3 : 6. Therefore, we find that the conviction, as has been awarded, is justified and it is not a case for bail. The bail application is hereby rejected. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]