1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3176 OF 2009 Ashok Mugatrao Takawane Versus State of Maharashtra *** Mr. R. F. Totala, Advocate for the Applicants. Mr. D. R. Korde, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 22nd SEPTEMBER, 2009. 1. Heard learned counsel. In an incident dated 10th August, 2009, security guard of the Kinetic company was brutally assaulted, succumbed to the injuries. The accused/ applicant is in custody since 16th August, 2009. 2. The counsel submits that, there is virtually no evidence against the accused/ applicant. He has been falsely roped in the matter being the union leader of the factory. Addition of section 120-B IPC by itself will not establish ingredient of any role against the accused/ applicant. Statement of Swapnil Bhingardive, referred by the learned Additional 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Sessions Judge is not of a witness but it is an accused which should have its parameters to be taken precautions. Counsel repeats, there is remotely any evidence against the accused/ applicant. Then, about the family background, counsel submits that the applicant has to maintain his disabled children, who are totally left with the mercy of others and no purpose will be served to keep him in custody. 3. The contention that there is no evidence against the accused is basically incorrect. The learned A.P.P. has placed before me statement of Ajitsing Kudaram Jat, Feroz Sher Ali Pathan, which indicate there was conversation before the incident with the suspects and accused/ applicant who was giving directions. The name of accused/ applicant is specifically pointed. It may be that accused/ applicant was not directly assaulting the deceased when the complainant Kanaram was following deceased Ratansing, however, since in close 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. proximity role of present applicant being indicated it has its vital impact on the matter. Then comes the infirmities in the statement of Swapnil Bhingardive. The prosecution is bound to take care about the same. At this stage, there is prima facie evidence against the accused/ applicant of instigating and activating the brutal attack on the security guard/ watchman. Investigation is in progress. Charge sheet is to be filed. No bail. 4. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:22/09/2009. ans/3176