1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 442 of 2011 (Anwar Ahmed Khan S/o. Salabat Khan Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. J.M. Gandhi, Advocate for the applicant. Mr. D.B. Patel, A.P.P. for the State/respondent. CORAM : M. N. GILANI, J. DATE : 10 th AUGUST, 2011. Heard. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant on bail against, whom offence bearing Crime No. 1/2011 for the offence punishable under Sections 302, 307, 147, 148 and 149 of the Indian Penal Code, is registered with Police Station Patur, District Akola. The incident occurred on 31/12/2010. Three years prior to the incident, deceased Sikandar Khan had married Nagma Parvin. Because of matrimonial disputes, the couple took divorce. Her relations, namely, Bismillha Khan and Firoz Khan had assaulted Sikandar Khan about 3 days prior to the incident. Thereafter, on 31/12/2010 at 09:30 p.m., Mustaque Khan, Bismillha Khan, Firoz Khan, Salabat Khan, Arif Khan, Yasin Khan and Nasir Khan, armed with weapons 2 like Gupti, Axe, Pipes etc., came in front of the house of the deceased Sikandar Khan and challenged him. At that time, the deceased, Maldar Khan, Imran Khan and Ajhar Khan came out of the house. All these seven accused persons assaulted the deceased and three others. Sikandar Khan succumbed to the injuries sustained by him. F.I.R. was lodged by Irfan Khan, the brother of the deceased. Subsequent investigation reveals the name of the present applicant. In the reply filed by the learned A.P.P., it is stated that after the incident, the applicant was absconding. On behalf of the applicant, it is contended that he is a second year student of Polytechnic and has nothing to do with the incident in question. According to him, he is not closely related to said Nagma Parvin. Admittedly, the name of the applicant does not figure in the F.I.R. The F.I.R. has been lodged by an eye- witness, who is also the brother of the deceased. He gave vivid account of the incident by divulging the names of all the assailants as well as the role played by each of them. In that light of the matter, the role attributed to the present applicant, whose name surfaced in the subsequent stage of investigation, becomes questionable. Considering the fact that in the F.I.R there are allegations of formation of unlawful assembly against the seven accused persons and the 3 specific role of each of them is also divulged in the F.I.R., the absence of the name of the applicant in the F.I.R. becomes significant. Hence, liberty of being released on bail cannot be denied to the applicant. The application is allowed. The applicant-Anwar Ahmed Khan S/o. Salabat Khan, is directed to be released on his furnishing P. R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount with a condition that he shall not tamper with the prosecution witnesses. Hamdast granted. JUDGE *sdw