1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1357 of 2010 Sachin v. State of Maharashtra with Criminal Application No. 1382 of 2010 Atul v. State -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr N.S. Khandewale, Adv for applicants Mr J.B. Jaiswal, APP for respondent-State Coram : A.P. Bhangale, J Dated : 7.9.2010 1. Applicants are seeking pre-arrest bail in Crime No. 237/2010 registered with Police Station, Khadan, Akola under Sections 143, 147, 148, 149, 323 and 326 of the Indian Penal Code. 2. Learned counsel for the applicants submits that applicants are students and are not involved in the crime. He further submits that complainant is a notorious criminal and there are number of offences registered against him. He further submits that applicants have been falsely implicated and that there is inordinate delay of 24 hours in lodging the report. 3. Learned APP has opposed the application and he submits that the present applicant had taken active part in commission of offence. 4. On perusal of the FIR, it is prima facie seen that complainant recognised six of the assailants out of 10-15 persons and 2 one of them was applicant. It is stated that the applicant and others were holding iron pipe, bat, iron rod etc. It is specifically stated that applicants made assault on the hands of complainant with the help of iron rod owing to which complainant’s hands got fractured. There is thus active role attributed to the applicants. Offence is serious in nature and investigating agency must be given free hand to conduct probe to reach to a logical conclusion. As regards delay in loding FIR, it has been satisfactorily explained that after the complainant was admitted to Government hospital, he was shifted to a private hospital and that he was getting vertigo and, therefore, he could not lodge report immediately. 5. In the light of above, there is no merit in the applications and the same stand rejected. Interim orders stand vacated. Judge. apjoshi