1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2126 of 2009 Syed and anr v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.J. Mirza, Adv for applicants Ms Sharda Wandile, APP for State Coram: A.P. Bhangale, J Dated : 30th July 2009 1. Applicants are seeking bail in connection with Crime No. 142/08 registered with Police Station, Digras, District Yavatmal for the offences punishable under Sections 302, 147, 148, 149, 201, 101 of the Indian Penal Code read with Section 4 and Section 25 of the Arms Act. Heard learned counsel for applicants and learned Additional Public Prosecutor for State. 2. It is the prosecution case that on 1.10.2008 while Kalim Shah was in the hair-cutting saloon, applicants and co-accused entered into the saloon and done him to death by means of deadly weapons. Crime was registered at the instance of Taslimabi, sister of deceased Kalim Shah. 3. Learned counsel for the applicants contends that applicants are framed in the crime and they are absolutely innocent. He further submits that deceased Kalim Shah was a dreaded criminal and that first informant Taslimabi is also a known criminal. In order to substantiate his submission, affidavit of one 2 Sk. Jafar is filed on record. Learned APP, on the other hand, opposed the submission, contending that there is recovery of weapons at the instance of co- accused and there are statements of eye witnesses also to indicate prima facie involvement of the applicants in the commission of crime. 4. There is statement of eye witness Hafiz Abdul Majid who has categorically stated that the accused including present applicants gave several blows of different weapons on Kalim Shah. There are statements of Mohd Iqbal and Mohd Ejaj and other witnesses on similar line. Post-mortem report indicates that there were number of injuries on the person of Kalim Shah on different parts of his body. Taking into consideration all this material collected by the prosecution, prima facie involvement of applicants in a serious offence of murder by forming unlawful assembly is indicated. Criminal history attached to deceased Kalim Shah and complainant Taslimabi can be pointed out by applicants to the notice of learned Trial Court at the appropriate stage and they can derive benefit, if any, out of it. However, at this stage, if the applicants are released on bail situation may turn from bad to worst since complainant Taslimabi is said to be known criminal. 5. For the reasons stated in paragraph 4 above, I am not inclined to direct release of applicants on bail. Application is rejected. Since the applicants are under-trial prisoners, learned Sessions Court is expected to decide the trial at the earliest. Trial Court shall not be influenced by any of the observations made herein while dealing with the trial on merit. Judge. hsj