1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3212 of 2009 (Syed Nawab and 6 others vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Smt. A.N.Ansari, Adv., for the applicant. Mr. S.G.Nandedkar, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 18/9/2009 P.C.:- 1. Heard learned Counsel and A.P.P. 2. The accused/applicants, who are in custody from 14.8.2009 in Crime No.78/2009, registered at Chaklamba Police Station for the offense under Sections 147, 148, 149, 307, 34 of IPC and Section 25 of Arms Act, seek bail. 3. The Counsel submits, except the role of Feroz Khan Sikandar Khan Pathan, of dealing with a 2 sword and seriously injuring Miskeen, there is no other particular role to the other accused/applicants and since investigation is virtually completed, the accused/applicants be released on bail. 4. It is a matter of record, the two groups are not sailing well; they are in search of occasions to teach a lesson to the rival group. It was in this situation, the incident dt.4.8.2009 had its impact. It is not that there are no eye witnesses but Sau.Chayabai w/o Raghunath Bavaskar categorically states the role played by the present accused/applicant. They chased Sk.Miskeen, armed with weapons and assaulted him. Injured Sk.Ansar, Sk.Asef, Sk.Farooq, Sk.Sueb, Sk.Wasim in their statement on 7.8.2009 have also informed as to how brutally they were assaulted on 6.8.2009. 5. Sk.Miskeen had compound fracture of Tibia Ulna. He was 3 required to be operated. He has head injury also. The other injured Sk.Babu Sk.Bismilla had abdominal injury resulting in getting it cured through operation. 6. Taking survey of all these facts, the case that there is nothing against accused, barring Feroz Khan Sikandar Khan Pathan, is difficult to digest. There is sufficient material against the accused. Investigation is still in progress. Chargesheet is to be filed. Application rejected. The observations made are prima facie in nature. Liberty to file application after chargesheet. (K.U.CHANDIWAL) JUDGE ... agp/3212-09crapl