Cri. Apln. No. 2435/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2435 OF 2011 1. Akhtarkha Asadkha Pathan, R/o. Andapura, Amalner, Tq. Amalner, Dist. Jalgaon. 2. Rajjak sk. Gulab, R/o. Behind Ajant Chitramandir, Gandhalipur, Amalner, Dist. Jalgaon. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. B.R. Warma, Advocate for applicants. Mr. S.G. Nandedkar, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 30th June, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 74/2011 registered with Amalner Police Station, District Jalgaon for offences punishable under sections 307, 149, 353 etc. of the Indian Penal Code and for offence under section 3 read with 24 of the Arms Act. The APP has made papers of investigation available. Both the sides are heard. 2. The material collected by police shows that on the basis of information received by the police, Deepak Lagad, API and his staff effected raid at the residential place of Shaikh Rafik Shaikh Rashid alias Kajal. There was information that he had illegally stored fire arms and Cri. Apln. No. 2435/11 2 explosives at the residential place. When police went there, Kajal was there and when police started taking action, Kajal and persons of his side started resisting. In the report given by Lagad, he has made allegations that 8 to 10 persons used weapons like sticks and stones against them. He has made allegations that at the relevant time one person who was aged about 30 to 35 years and was well built, used fire arm against him and fired one round against him and after that he also fired two rounds from his pistol. He has made allegations that the said person ran away. One lady was injured due to firing made by Lagad. 3. It was submitted for the State that empty cartridge in respect of firing done by the present applicant No. 1 is seized and he is identified by Lagad and others as the same person. However, it was submitted that fire arm was not recovered even when police custody was obtained against applicant No. 1. There is allegation that applicant No. 2 used stick against the police officers. Some staff members of police were injured in the incident. The names of ladies were also given in the FIR and most of them are released on bail by this Court. It was submitted for the applicants that they went there only because police were taking some action and there was firing done by police. 4. The material collected by police is mainly against Kajal. He is in jail. There was information against Kajal that he has stored fire arms and explosives. Some explosives are already recovered by the police from the Cri. Apln. No. 2435/11 3 residential place of Kajal and 50 cartridges are also recovered. Though there is allegation against applicant No. 1 that he fired by using fire arm, the weapon is not described in the report given by API when he described his own weapon as pistol. The only person who was injured due to fire is a lady who is residing in the said locality and that is due to use of pistol by the API. In view of these circumstances, this Court holds that this is a fit case to grant bail to both the applicants. 5. So the application is allowed. Present applicants Akhtarkha Asadkha Pathan and Rajjak Sk. Gulab in Cr. No. 74/2011 registered with Amalner Police Station, District Jalgaon for offences punishable under sections 307, 149, 353 etc. of the Indian Penal Code and for offence under section 3 read with 24 of the Arms Act are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) by each of them. They are not to tamper with the prosecution witnesses. 6. These observations will be only for the purpose of present proceedings and they will not come in the way of the Trial Court while deciding the case. [ T. V. NALAWADE, J.] ssc/criapln2435/11