IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3977 of 2008 [Sk. Shabhir Sheikh Israil and another v. State of Maharashtra, through PSO Wardha] -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Smt. S. Taksande, Advocate for Applicants. Shri S.S. Doifode, APP for State. CORAM : R.C. Chavan, J. DATE : 20th November, 2008 This is an application by two persons, who were alleged to be involved in offence punishable under Section 326 of the Penal Code for being admitted to anticipatory bail. The application of the applicants was rejected by the learned 1st Ad hoc Additional Sessions Judge-1, Wardha. The observations in para 4 of the order passed by the learned Additional Sessions Judge may be usefully reproduced as under : “4. I heard both the parties. I also perused the case diary. Surprisingly at the time of argument, the counsel for the applicants has submitted one affidavit alleged to have sworn by injured Vinod Tandurkar, fortunately who was present in the court. When this court has enquired about affidavit as well as names of assailants, initially he has stated that names of applicants were reported on the say of others because according to him, he became unconscious after the incident and, therefore, no knowing who assaulted him. However, when he was asked about details of incident, he has disclosed that only after attack on him, he became unconscious but prior to that he was assaulted by sword, iron rod by the respective applicants. Thus, he has admitted the contents of the report. I failed to understand how this Vinod Tandurkar came in the court and sworn an affidavit. Perhaps the possibility tht he was compelled to make affidavit can not be ruled out.” The aforesaid observations show that the applicants had attempted to tamper with evidence and even attempted to influence the complainant to make an affidavit. The conduct of the applicants is indeed not such as to entitle them to bail. The application is rejected. JUDGE pdl