( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4978 OF 2010 Alimkhan Yasinkhan, R/o Near Bibika Makbara, Begumpura, Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. Joydeep Chatterji, advocate for the applicant. Mr. P.P. More, APP for the respondent/State, assisted by Mr. S.S. Ladda, advocate for the original complainant (in Cri. Appln. No. 5146/2010). .... WITH CRIMINAL APPLICATION NO. 4981 OF 2010 Afasar Khan s/o Yasin Khan, R/o Bibika Makbara, Begumpura, Aurangabad. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. V.D. Sapkal, advocate for the applicant. Mr. P.P. More, APP for the respondent/State, assisted by Mr. S.S. Ladda, advocate for the original complainant (in Cri. Appln. No. 5147/2010). .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd December, 2010] ( 2 ) PER COURT : 1. These are applications for bail. 2. The applicants are brothers interse. They are arrested in connection with Crime No. I-07/2010, registered at Begumpura Police Station for the offence punishable under section 307 read with section 34 of the I.P. Code as well as section 3 read with section 25 of the Indian Arms Act. 3. The incident giving rise to the prosecution is said to have occurred on 11th January, 2010 at about 1.30/1.45 p.m. The FIR filed by informant Abdul Aziz prima facie indicates that he was proceeding towards his agricultural land on motorcycle from near Begumpura square. Some of the persons had cracked fire-crackers in the chowk (square). He noticed that the applicants and one Hussain Khan were coming towards him. They were armed with a sword and iron rod, etc. They obstructed him on the way. They told him that though he was acquitted by the Court, yet, was not acquitted by their's Court. It is alleged that applicant Afasar Khan dealt a blow of sword on his head whereas Alimkhan gave blows of sword on his hand and leg. While he was resisting and attempting to catch hold of the sword by his right hand, his right palm was ( 3 ) cut. He was dealt with blows of iron rods by co-accused Hussain Khan. He, therefore, was injured and fell down. He was rushed to the Government Hospital in unconscious condition. He learnt that one Vishal Nikalje and his brother Abdul Rehman had shifted him to the hospital. 4. The applicants allege that they have been framed in the false case due to the rivalry. It is contended that in the relevant noon, injured Abdul Aziz and other three (3) accused persons had assaulted Akram Khan s/o Nabu Khan, an auto-rickshaw driver in the Begumpura square where some of the persons were found cracking the fire-crackers. It is the contention of the applicants that there are eye witnesses to the incident who did not subscribe to the story of the prosecution about their participation in the alleged incident of assault though only three (3) interested versions favoured the prosecution in the context of the story of such assault. 5. The question is not as to whether the prosecution story is fully established or not. At this juncture, the evidence cannot be minutely examined. The evaluation of the evidence at this juncture is impermissible. One has to go by the record as it is available and has to take prima facie view ( 4 ) in regard to the involvement of the applicants and the impart of their overtacts. Needless to say, the eye witness account available may be looked into alongwith the other attending circumstances and the conduct of the applicants as well as nature of the crime. 6. There is eye witness account tendered by Shaikh Talem Shaikh Abdul Rehman. His version purports to show that both the applicants were armed with sword and they were found running in the square alongwith a boy. His version shows that the applicants assaulted Aziz Chaus by means of the sword. There is also eye witness account of Vishal. It is true that some of the witnesses did not name the applicants as the assailants. It is also true that there is counter complaint lodged by Akram Khan against injured Abdul Aziz and others. 7. At this juncture, it may be gathered from the Medico-Legal Certificate, issued by the Casualty Medical Officer, Government Medical College and Hospital, Aurangabad, that injured Abdul Aziz was found to have received three (3) fracture injuries and a stab wound besides four (4) contused lacerated wounds. It appears prima facie that he was having fracture at upper end of right fibula, lower end of right ( 5 ) tibia and there was a stab wound on the left thigh. These injuries are described as grievous injuries. The Medico-Legal Certificate thus lends prima facie corroboration to the recitals of the FIR filed by informant Abdul Aziz. 8. It prima facie appears that there was earlier dispute between the two (2) groups, one spearheaded by Ex- Municipal Corporator - applicant Afasar Khan and other of which informant Abdul Aziz is a member. It appears that informant Abdul Aziz was tried for an offence on basis of the complaint filed by the opposite group member, but in the criminal case, he and other accused were acquitted. The well- wishers of informant Abdul Aziz or he himself and some other persons had broken fire-crackers in the public place i.e. Begumpura square. The informant Abdul Aziz had no reason at the relevant time to mount any assault when he was acquitted for the criminal charge. It prima facie appears that due to his acquittal, the members of the group of the applicants were annoyed and the breaking of the fire-crackers added more fuel to their ill-feelings. In the background of the fact situation mentioned above and on consideration of the Medico- Legal Certificate, there is prima facie material to infer involvement of both the applicants in the alleged incident. ( 6 ) 9. The matter does not stop here. It appears from the order rendered by the learned Additional Sessions Judge that an attempt was made to exert influence on him for which he reported the incident vide Confidential Communication No. 619/2010 dated 22nd November, 2010 to the Principal District and Sessions Judge, Aurangabad. I called the report of the learned Principal District and Sessions Judge, Aurangabad in this behalf. Perusal of the report alongwith the relevant documents forwarded by the learned Principal District and Sessions Judge would prima facie show that the applicant Afasar Khan, who has filed Criminal Application No. 4981/2010, managed to influence the learned Additional Sessions Judge through a contractor, by name Shri Ovhal and Junior Clerk of the Court, by name Shri Untawal. This conduct of the applicant - Afasar Khan is prima facie reprehensible. The discretionary relief of bail cannot be made available to such a person in view of the fact that he is likely to indulge in tampering of the prosecution evidence in future. He appears to be influential person. 10. In view of the reasons stated hereinabove, both the applications are dismissed. The Registrar (Judicial) is ( 7 ) directed to issue notices to applicant Afasar Khan, Indrajit Haribhau Ovhal, Proprietor of M/s Sai Labour Suppliers, Samata Nagar, Aurangabad and P.S. Untwal, Junior Clerk attached to the Civil Court at Gangapur as to why they be not punished for committing contempt of the Court for making attempt to interfere in the business of the Court and be not held liable for criminal contempt under section 2 (c) (ii) r.w. Sec. 12 of the Contempt of Courts Act, 1971. The notice shall mention the details of the overtact attributable to each of them and as to why their conduct prima face tantamounts to interference in the criminal justice system and the functioning of the Court. They shall be called upon to submit their explanations within period of two (2) weeks after the due service of the notice. A separate proceeding shall be drawn for the suo motu contempt action taken by this Court against all the three (3) contemners mentioned hereinabove. The contempt proceeding be registered and be placed before this Court alongwith the draft notices on 27th December, 2010. [V.R. KINGAONKAR] JUDGE NPJ/criapln4978-10-4981-10 ( 8 )