1 Cri.Appln.No.746.11 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.746/2011 (Sk.Arif Sk.Usman Vs. The State of Mah) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Sachin S. Deshmukh, Adv. for applicant; Mr.NB Patil, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 16 th March, 2011. ... 1) Heard. 2) The accused/applicant, a Municipal Councilor, known in the area, seeks pre- arrest bail in Crime No.3/2011 of Hingoli Police Station for an offence under Sections 395, 307, 147, 148, 341 of IPC and Section 135 of the Bombay Police Act. 3) The learned Counsel for the accused/applicant submits, even from the group of 12 suspects, two or three suspects have given a clean chit about presence of the accused/applicant at the material time of the events, in which on 30.12.2010, Ashok was brutally assaulted. The learned Counsel further submits that even two or three independent witnesses have informed the 2 Cri.Appln.No.746.11 Investigator that the accused/applicant was not present at the scene of offence. The accused/applicant, being a political worker, is embroiled in the offence belatedly. 4) I have gone through the investigation papers. It is not as if two or three witnesses have exonerated the accused/applicant. The record illustrate, barring the complainant – Ashok, his brother, his mother, even persons residing nearby have also named the accused/applicant with specific role. It is not that he was unknown in the area. He being a Councilor, is known to everybody and at this stage, least chances of false implication. The injuries suffered by Ashok speaks volume as he had two fractures, injury to his parietal region. He was sent to Nanded he regained consciousness on 31.12.2010. The application lacks merit, dismissed. However, since statement is made by Mr. Deshmukh, time to surrender extended up to 21st March, 2011 with the same attendance condition. (K.U.CHANDIWAL) JUDGE bdv/