1 CR.APL NO.1179/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. APPLN/1179/2011 SIRAJ DAULAT KHAN PATHAN [Criminal] V/S THE STATE OF MAH -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Vijay Sharma, Adv., for the applicant. Mr. V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:6/4/2011 1. Heard finally. 2. In Crime No.I.175/2010, registered at Shirdi Police Station, the accused, in custody from 18.9.2010, is seeking bail for an offense under Sections 384, 386, 387, 307, 506, 120-B of IPC and other offense under Arms Act. 3. The accused/applicant, with his associate, were apprehended at the spot, in an attempt of extortion and receiving money. At that time, the colleague of accused/applicant felt some foul-play, had whipped off knife, in his attempt to assault the 2 CR.APL NO.1179/2011 complainant retaliated by opening fire from his licensed arm. The raid was, indeed, witnessed by highest officials of the district. 4. The Counsel submits that provisions of Section 307 of IPC would not be applicable as there is no overt act or physical assault that the accused has carried, though he was present, is certain. Counsel submits that there is serious deformity, tumours are developed and he has highlighted the physical disability of the accused/applicant in paragraph no. 5 of his application. He urged, even on medical ground, the accused has a very good case. 5. Learned A.P.P., while giving account of the event that has taken place, also supports that in 2004, the accused and his brothers were arrayed in an offense under Sections 302, 304 and other Penal provisions. In another offense vide Crime No.75/2010, dt.17.6.2010, for an offense under Sections 3, 25 and other provisions of Arms Act, the accused is facing trial. 3 CR.APL NO.1179/2011 6. Shri Sharma submits, in the matter of the year 2004, the accused is acquitted. Even if the accused is acquitted, but he has a track record which track record, coupled with the actual event dt.18.9.2010, does not call for any interference in the custody. 7. Learned Sessions Judge has taken due care while entertaining the bail application and medical facilities, including treatment, is showered upon the accused/applicant and he was virtually in the hospital at Ahmednagar. 8. Considering earlier request by Mr.Sharma, report from R.M.O., Class I, district Ahmednagar is called wherein the R.M.O. has informed that the ailment of the accused/applicant Siraj is not very grave as is projected by him. He can be treated at Government expenses at Sasoon Hospital at Pune. 9. Survey of events illustrate, even on medical ground, it is not a fit case to entertain, however, due care, 4 CR.APL NO.1179/2011 as has been indicated, would be taken by concerned Jail authorities. Application lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/1179-11crapl