1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.83 OF 2010 IN CRIMINAL APPEAL NO.1071 OF 2009 Jamaluddin Kamaluddin Khan ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Niranjan Mundargi for Applicant Mrs.R.V. Newton - APP for Stat ---- CORAM: V.M. KANADE J. DATED: 30TH MARCH, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been convicted for the offence punishable under section 307 and sentenced to suffer R.I. for seven years and fine of Rs.5,000/- and, in default, to suffer further R.I. for one year. He also convicted for the offence punishable under section 504 r/w. 34 of the Indian Penal Code and sentenced to suffer R.I. for six months and fine of Rs.500/- and, 1 in default, to suffer further R.I. for 15 days. The Applicant also convicted for the offence punishable under sections, 3, 25 of the Arms Act and sentenced to suffer R.I. for 3 years and fine of Rs.2,000/- and, in default, to suffer further R.I. for three months and under sections 3, 27 of the Arms act and sentenced to suffer R.I. for seven years and pay fine of Rs. 2,000/- and, in default, to suffer R.I. for one month. 3. The allegation against the Applicant is that he had fired a shot with country made revolver and a person, who was accompanying the complainant, was injured in the said incident. The Applicant had already undergone one year and two months of the sentence. 4. The learned APP for the State submits that the Applicant does not have fixed place of residence in Mumbai and he is original resident of U.P. and the Applicant is likely to be abscond. 5. In my view, the Applicant had already undergone one year and two months of sentence and since the appeal is not likely to come up for hearing immediately in near future, the Applicant is entitled to be released on bail subject to certain 1 conditions being imposed on him. 6. The Applicant be released on bail in a sum of Rs. 10,000/- with one or two sureties in the like amount. However, he shall given one local surety and he shall report to the concerned police station once in 15 days during pendency of the appeal. 7. Application is disposed of. (V.M. KANADE J.)