IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 3801 OF 2004 IN CRIMINAL APPEAL NO. 1021 OF 2004 Irshadali S. Shaikh .. Applicant versus State of Maharashtra .. Respondents ... Mr.Rajiv Patil for the applicant. Mr.S.R. Saste, APP for the state. CORAM : V.M. KANADE, J DATED : 13th September 2004. P.C:- 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. The applicant is convicted under section 304(II) and sentenced to undergo five years of Rigorous Imprisonment. The case of the prosecution is that deceased and the complainant had gone to the house of the accused and had called him out and thereafter in a scuffle, deceased died. The accused had also gone to the to the police station and had lodged a FIR which was not initially accepted but subsequently, it was registered in which he had complained that the deceased had come with a knife and had assaulted the applicant. The applicant tried to ward off the blow and as a result received injuries on his person. 3. The trial Court has convicted the accused interalia on the basis of the FIR which he had lodged. In my view, this is a fit case where the applicant is entitled to be released on bail. 4. The applicant to be released on bail on the same terms and conditions as imposed by the trial Court on fresh bonds. V.M. KANADE, J