1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [ABA] No. 385 of 2011 (Saifuddin Kazi S/o. Shabuddin Kazi Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.M. Rizwy, Advocate for the applicant. Mr. M.J. Khan,, APP for the State/non-applicant. CORAM : M.N. GILANI, J. DATE : 15 th NOVEMBER, 2011. Heard both sides. 2] This is an application filed under Section 438 of the Code of Criminal Procedure for releasing the applicant on bail in the event of his arrest in Crime No. 146/2011, registered with Police Station Lakadganj, Nagpur, for the offence punishable under Sections 307, 341, 427, 143, 147, 148 and 149 of the Indian Penal Code read with Section 135 of the Bombay Police Act. 3] One Mustafa Baba, having large followers, died on 29/06/2011 and there was a dispute between two groups of the Muslim community over the place of burial. The accused is one of the followers of Mustafa Baba. On the basis of report of Mohammad Kalim Ansari, presumably, who was protesting over the place of burial of body of Mustafa Baba in the premises of Mohammad Ali Sarai, an offence bearing Crime No. 146/2011 under Section 307 of the Indian 2 Penal Code was registered. It is alleged that one Mohammad Jaid S/o. Nawab Ansari had sustained injuries in an assault by the mob. He was admitted in the Hospital on 03/08/2011 and was discharged on 06/08/2011. 4] The mob consists 20 to 25 persons and the applicant was one of them. Even considering the injuries sustained by Mohd. Jaid Ansari, which are the foundation of registration of offence under Sections 307 of the Indian Penal Code, it cannot be said that offence under Section 307 of Indian Penal Code is made out. Other offences are under Sections 341, 427, 148 etc. of the Indian Penal Code. 5] It is contended by the learned A.P.P. that the applicant has to his credit two more offences, one bearing Crime No. 138/2011 and other bearing Crime No. 263/2010. It is clarified that Crime No. 138/2011 has nexus with some dispute registered earlier to the present offence. The other offence is under Section 452, 506-B of the Indian Penal Code and of the year 2010. 6] Considering the fact that even remotely the case under Section 307 of the Indian Penal Code is not made out and other offence being under Sections 341, 427, 143, 147 and 148 of Indian Penal Code and also considering the fact that the dispute relating to burial of the body of Mustafa Baba has been resolved, of course through the intervention of the Court, and incident being an outburst of sentiments, the application is allowed. 3 7] In the event of arrest of the applicant in Crime No. 146/2011 under Sections 307, 341, 427, 143, 147, 148 and 149 of the Indian Penal Code read with Section 135 of the Bombay Police Act, he is directed to be released on his furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties in the like amount, with condition to attend the Police Station Lakadganj, Nagpur as and when called for the purpose of investigation. JUDGE *Sdw