1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 343 OF 2011 ( Sheikh Nisar Sheikh Gulam Nabi Vs. State of Maharashtra PSO PS. Patur Distt. Akola) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri Anil Mardikar Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 11th JULY, 2011. . The applicant is an accused in Crime No. 1 of 2011 registered at Police Station Patur district Akola under Sections 302, 307, 147, 148, 149 of Indian Penal Code. The incident occurred on 31.12.2010 in village Qauazipura Patur district Akola. Deceased Sikandar married one Nagma Parveen three years prior to the incident. Because of the matrimonial discord there was divorce between them. It is alleged that since then the relations of Nagma Parveen were harbouring grudge against the said Sikandar. Three days prior to the incident also deceased was assaulted by two persons. On 31.12.2010 at 9.30 p.m. when deceased was standing in front of the house, seven persons attacked him. They were armed with deadly weapons. 2 Because of the injuries sustained in the assault Sikandar died. His brothers were also assaulted. Irfan Khan witnessed the incident and then lodged F. I. R. During the course of investigation some of the witnesses stated that 3-4 more accused persons joined the assailants who were seven in number. In view of this, the present applicant has been arrayed as accused. Vivid account of the incident occurred on 31.12.2010 was given by none other than the cousin for the deceased. He named seven assailants, without naming the applicant. Statements of the witnesses are recorded on 03.01.2011. They came with the story that, 3-4 more accused persons including the present applicant joined those seven assailants. Considering the fact that F. I. R. was lodged by the eye witness and cousin of the deceased who not only named the accused persons but narrated the incident in detail and also the nature of the weapons held by those seven assailants, exclusion of the name of the applicant is significant. Therefore, prima facie his involvement in the offence under section 302 of the Indian Penal Code is questionable. Hence applicant is entitled to be released on bail. Applicant Sheikh Nisar Sheikh Gulam Nabi be released on bail on his executing PR bond in the sum of Rs. 50,000/- with 3 two sureties in the like amount with condition that he shall not tamper with the witnesses. JUDGE svk