1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.626 of 2010 [Lakhan alias Sk. Hussain Sk. Ibrahim Vs. 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. J.B. Kasat, Adv., for the applicant. Mr. V.A. Thakre, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 27th April, 2010. 1. This is an application for anticipatory bail. 2. Offcences registered against the applicant and other persons are under Sections 307, 323, 337, 147, 148 read with Section 149, Section 4 read with Section 25 of the Arms Act and Section 135 of the Bombay Police Act. 3. Admittedly, it is a case of unlawful assembly by two different groups and even there are rival cases. 4. Statements of witnesses reveal that different accused persons had various deadly weapons in their hands, and applicant herein was holding an iron rod / pipe in his hand. 5. Statements of witnesses further 2 disclose that but for the successful effort of the victims to avoid graver injury, the fatal result did not ensue. It is seen that registration of offence under Section 307 of Indian Penal Code is prima facie appropriate. 6. The gravity of offence increases when other members of an unlawful assembly had equally deadly weapons in their hands. 7. In this situation, it cannot be concluded, at this stage, on what prima facie appears, that the applicant cannot be said to be involved in commission of offence. What prima facie appears is adverse to the applicant. 8. The applicant is, therefore, not entitled to the relief sought for in the form of anticipatory bail. 9. Application has no merit, and is rejected. Judge |Hedau| 3