IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 799 OF 2008 APPLICATION NO. 799 OF 2008 APPLICATION NO. 799 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 646 OF 2008 APPEAL NO. 646 OF 2008 APPEAL NO. 646 OF 2008 Firoz Khan Makhmud Khan ] .. Applicant Versus The State of Maharashtra ] .. Respondent Mr. Shirish Gupte, senior counsel i/b S.V. Kotwal for the applicant. Mrs. M.M. Deshmukh, APP, for the respondent-State. CORAM: S.B. MHASE & A.A. SAYED, JJ. DATED: 5TH DECEMBER, 2008 P.C. : 1. Heard Mr. Shirish Gupta, learned senior counsel for the applicant. 2. Admittedly, there is only one injury which is the cause for the death viz. the injury on the left hand side chest. It appears that the deceased and others wanted to recover money from the accused. The accused refused to pay the money and, therefore, the deceased and other persons were asking the accused to come to a particular area viz. Kamathipura. Under these circumstances, there was a scuffle and in the : 2 : scuffle, the said single injury was inflicted which resulted into the death of the deceased. Since it is a case of single injury which caused death, we are inclined to grant bail. During the trial also, the accused was on bail and there is no report that he has misutilised the bail. 3. We, therefore, grant bail to the applicant-accused, however, on certain conditions. The sentence of the applicant is suspended under section 389 of the Code of Criminal Procedure. The applicant- accused be released on bail of Rs.30,000/- with like surety. It is optional for the applicant to give two sureties of Rs.15,000/- each. However, during the period of bail, the applicant will not stay in Mumbai. He will stay at 1014, Bhavani Peth, A.D. Chem, Pune-42 till the Appeal is finally heard and disposed of. The applicant shall report to the Bhavani Peth Police Station, Pune, after every 15 days. 4. The Criminal Application is, accordingly, disposed of. Sd/- Sd/- [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]