1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 342 OF 2011 (Vikar Alam Khan Fakre Vs. State of Mah. PSO PS Washim) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. S. Mardikar Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 13th JULY, 2011. . This is an application for releasing the applicant on bail against whom offence Crime No. 180 of 2010 punishable under Sections 143, 147, 149, 302 and 324 of Indian Penal Code was registered with the Police Station Washim district Washim. On 20.05.2010 at about 6 p.m. Habib Khan and his father Ijjat Khan were present in their field doing some work. The adjoining land is owned by accused Tayar Khan, Babu Khan etc. They were ploughing the land with tractor. On the issue of ploughing of boundary there started quarrel between both the sides. It is then alleged that Habib Khan and his father were assaulted with sword, gupti and even stones. Ijjat Khan died on the 2 spot. Habib Khan who was injured gave his statement to the Judicial Magistrate First Class in the hospital. The statement was treated as First Information Report. Habib Khan in whose presence incident occurred and who is also an injured gave vivid account of the incident and also the names of the accused persons. According to him, Babu Khan and Tayar Khan dealt blows of iron pipe on the person of his father. Both were holding iron pipes. Amjad Khan hit blow of spear on his head and his son dealt blow of gupti on his hand. Then they all left the spot. He further states that sons of Tayar Khan had dealt blows of stones on the person of his father-Ijjat Khan and he was assaulted by sons of Mehboob Khan. They were nine in number. It is the contention of the learned counsel for the applicant that the present applicant Vikar Alam Khan is related to Habib Khan. Therefore, it was improbable that he did not recollect the name of present applicant or atleast of his father. It is not the case that F. I. R. was lodged hurriedly. After the incident was over Habib Khan was admitted to the hospital. After he became stable and after the Medical Officer certified about his fitness he gave statement. It was recorded by the Judicial Magistrate First Class. Although Habib Khan could not recollect the names of all the assailants he disclosed their identity by saying that 3 the persons other than named by him were the sons of Tayar Khan and Mehboob Khan. He did not name the present applicant nor even gave his father's name. It is true that in the course of investigation the name of present applicant figured and some weapon like gupti is recovered at his instance. In fact, Habib Khan had stated that he was assaulted by gupti by the son of Mehboob Khan. Accused is in jail from 21.05.2010. He holds Master's Degree in Science. While in jail he appeared for common entrance test (CET) and was qualified for admission to B. Ed. Course. Considering the vivid account of the incident given by Habib Khan in which neither the name of the present applicant figured nor the name of his father figured,nor his description is given in any other manner to suspect his involvement, I am of the view that applicant Vikar Alam Khan son of Fakre Alam Khan be released on bail on his furnishing PR bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties in the like amount with condition that he shall not enter village Shegaon till trial is over. JUDGE svk 4 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.