1 criapln2594-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2594 OF 2011 1] Sk.Daud Sk.Bhikan 2] Babulal Quadar Pathan 3] Samserkhan Badshah Pathan 4] Yaqub Munnabhai Pathan 5] Sikandar Bashir Pathan 6] Sayyed Karim Sayyed Pathan 7] Sayyed Hussain Sayyed Amin 8] Habibkhan Yakubkhan Pathan .. APPLICANTS Vs 1] The State of Maha. 2] The Supdt. Of Police ...RESPONDENTS ... Shri N.S.Ghanekar, Adv.for applicants. Shri N.H.Borade,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 15/07/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.15/11 registered in Pachod police station, Dist. Aurangabad for offences punishable U/ss. 143, 147, 148, 149, 324, 325, 326,307,504, 506 of I.P.C. Papers of investigation are made available by A.P.P. Both sides are heard. 2] This Court has already granted interim relief to applicants 1 to 7 2 criapln2594-11 and at that time submission was made that the offence is punishable U/s 326 r.w. 149 etc. of I.P.C. Today, it was submitted for the State that the offence is one punishable U/s 307 of I.P.C. There are papers of investigation which include supplementary statement of complainant and also another injured witness. In the supplementary statement, complainant has included names of applicants 1 to 7 also. The injured witness has taken names of applicant nos.1 to 7. Specific role is attributed to applicant no.8 Habibkhan Pathan in both cases. Today, it was brought to the notice of this Court that in the case registered on the basis of report given by Habibkhan, another crime is registered. In Criminal Application No.2617/11 yesterday, this Court granted anticipatory bail to some of the accused who are not active participants in the incident and who include ladies. As there is specific role attributed to applicant no.8, and he is complainant of the other case, no relief can be given to applicant no.8. Only because names of applicants 1 to 7 were there in F.I.R., which was given immediately after the incident, relief can be given to them. Their custodial interrogation is not necessary in view of omnibus allegations made against them by both the injured. So application of applicants 1 to 7 is allowed and interim relief granted to them is confirmed. Application of applicant no.8 stands rejected. [T.V.NALAWADE,J.] umg/criapln2594-11 3 criapln2594-11