1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1352 /2010 ( Sheikh Rafe s/o Sheikh Anis vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr.S V Sirpurkar, Advocate for applicant Mr.J B Jaiswal, APP for Respondent CORAM : A.P. BHANGALE, J. DATED : 8 th September, 2010. Mr S.V. Sirpurkar, learned counsel for the applicant submits that one Alamkhan Faiyyazkhan, who appears to have lodged the FIR in the case, filed an affidavit dated 16.7.2010 to the effect that on 26.6.2010 between the two communities, namely, “Jamadar” and “Pathan” some dispute had taken place. However there was a meting to prevent any untoward incident. There was lathicharge, due to some misunderstanding, by the police from Police Station Khamgaon. Many persons were arrested and taken to Shivaji Nagar Police Station. According to the deponent- Alamkhan his signature was obtained by the Police accusing Jamadar community, which was recorded as FIR No. 42/2010. In fact, he did not lodge the complaint against “Jamadar” community or anybody else as there was there was no quarrel between them, in as much as they have cordial relations and, in fact, they are related to each other also. Thus the 2 deponent stated that there would not be any objection or grouse if the people from Jamadar community who are made accused, are released on bail. It is submitted that in view of such an affidavit, the learned Addl. Sessions Judge Khamgaon by order dated 2nd August 2010 released the co-accused on bail. 2. Mr Sirpurkar, learned Advocate, further, contended that the applicant is a student, aged about 19 years and would not misuse the bail if granted and would cooperate with the investigation machinery. However if he is arrested, his educational career would be doomed. 3. For the foregoing reasons, the interim anticipatory bail which was granted on 26th August, 2010 is confirmed, subject to same conditions. Humdast allowed. JUDGE Sahare