APPA. 1253-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1253 OF 2011 IN CRIMINAL APPEAL No. 488 OF 2008 Mayappa Dhondappa Mallale ... Applicant Vs. The State of Maharashtra ... Respondent Ms. Rebecca Gonsalvez, for the Applicant. Mr. J. P. Kharge, APP for the Respondent. CORAM : V. M. KANADE, & M. L. TAHALIYANI, JJ. DATE : DECEMBER 14, 2011 PC: 1. Heard the learned counsel for the applicant and the learned APP for the respondent-State. The applicant was convicted by the trial court for the offence punishable under Section 302 and 323 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. 2. The prosecution case is that the applicant after he entered in the house, made enquiry with his mother in law regarding whreabouts of his wife and also asked why his daughters were not sent to school. At that time the deceased entered the house and APPA. 1253-11 - 2 - suddenly he picked up a wooden log which was lying on the floor and assaulted the deceased. It is submitted that the said incident had taken place in a spur of a moment and the applicant had not carried the weapon with him but picked up the wooden log which was lying there. It is submitted that the applicant has already undergone five years sentence of imprisonment and there are good chances of the offence punishable under Section 302 being converted to Section 304, Part-I of the I. P. Code. 3. On the other hand, the learned APP opposed the application for bail. It is submitted that the applicant not only assaulted the deceased but also assaulted his mother in law and other people who had tried to intervene. 4. Taking into consideration the evidence of material witness on record, it does appear that the incident had taken place at a spur of the moment and there was no pre-meditation on the part of the applicant. Apart from that, only a single blow has been given by the applicant to the deceased on his head and as such the applicant has a arguable case of converting the conviction from Section 302 to 304, Part-I of the I. P. Code; the applicant has also undergone five years of APPA. 1253-11 - 3 - actual sentence of imprisonment. 5. Under these circumstances, the applicant be released on bail in the sum of Rs. 10,000/- with one or two sureties in the like amount. He shall report to the nearest police station from his residence, once in two months. The applicant shall give his permanent residential address before he is released from the jail. [M. L. TAHALIYANI, J.] [ V. M. KANADE, J.]