1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.569 OF 2010 Mukhtar Ali Mohd. .. Applicant -versus The State of Maharashtra .. Respondent. Mrs. Anjali R. Awasthi, for the Applicant. Shri. A.S. Gadkari, APP for the state. CORAM: R.S.MOHITE, J. DATED: 22nd April, 2010 P.C. 1. This is an application for grant of bail. The applicants are tried in a Sessions case pending on the file of Additional Sessions Judge, Seweree, Mumbai. 2. The deceased is one Kadar Kureshi. It is the case of the prosecution that he alongwith the complainant boarded the rickshaw by force to go to Baingwanwadi where the co accused Nos 3, 4, 5 Atik Rafiq and Javed conduct the same business. The deceased had some dispute with those co accused Nos 3, 4 and 5. While boarding the rickshaw both were carrying sword in the rickshaw and rickshaw driver was threatened by the deceased to take him to Bainganwadi. One sword of the complainant was subsequently found in the rickshaw. After arriving at Bainganwadi, 2 the deceased had banged sword against the doors and windows of the office of accused Nos 3, 4 and 5 and in such background the original accused No.l Saddam and the present applicant both of whom were employees came out of the shop. The accused No.1 was armed with iron rod with which he gave blows on the deceased killing him. As far as the present applicant is concerned, he is stated to have given fists & kick blows to the complainant. 3. It prima facie appears that there was a right of private defence and the question as to whether it was an exceeded has to be gone into. In my view this is fit case for grant of bail during the pendency of the trial. It is, therefore, pending his trial in Sessions case No.741 of 2009 on the file of Additional Sessions Judge, Sewree, the applicant may be released on bail in the amount of Rs.l0,000/- with one surety of like amount subject to condition that he should report to the Investigating Officer once in a fortnight on first and third Mondays of every month, that he shall not tamper with the witnesses and shall remain present on all days of his trial, unless exempted. The application is disposed off. (R.S. MOHITE, J.)