1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 344 of 2011 (Nasir Khan S/o. Hhafizulla 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, APP for the State/non-applicant. CORAM : M. N. GILANI, J. DATE : 29 th JULY, 2011. Heard. This is an application for release of the applicant on bail, against whom offence bearing Crime No. 1/2011 for the offences punishable under Sections 302, 307, 147, 148 and 149 of the Indian Penal Code is registered with Police Station Patur, District Akola. Sikandar Khan (since deceased) had married to one Nagma Parvin three years prior to the incident. Because of matrimonial disputes, there was divorce. Three days prior to the incident, accused Bismillha Khan and Firoz Khan had assaulted the deceased. On 31/12/1010, at 09:30 p.m., all the accused persons including the present applicant, armed with deadly weapons, came in front of the house of the deceased and started giving abuses. They were saying that the deceased had spoiled the life of Nagma Parvin. When 2 the deceased came out of house, he was assaulted with dagger (xqIrh). Other persons namely Maldar Khan, Ajahar Khan, Imran Khan and Firoz Khan were also assaulted with axe, iron pipe and sticks. While the deceased was being taken to the hospital, he scummed to death. Irfan Khan is an eye-witness to the incident. The learned Additional Sessions Judge, by order dated 03/05/2011, rejected the bail application of the applicant after observing that the involvement of the applicant in the offence of causing death of Sikandar Khan is made out. The learned A.P.P. filed his reply and strongly opposed this application. The main ground, on which the bail is prayed for, is that the fatal injuries on the person of the deceased cannot be attributed to the present applicant. Since last more than six months, the applicant is in jail. The postmortem examination report reveals that there were injuries on the vital parts of the body of the deceased. Death was because of 'Hemorrhage and shock due to stab injury to liver'. Other persons viz. Maldar Khan had suffered incised wound on parietal region, Imran Khan had suffered stab injury, Firoz Khan had sustained lacerated wound and Ajahar Khan had sustained lacerated wound on 3 right lower limb. Medical reports of Maldar Khan and Imran Khan are dated 31/12/2010, whereas Firoz Khan and Ajahar Khan were examined on 03/01/2011. In the column of age of injury suffered by Firoz Khan, it is stated that injuries are 2-3 days old. In respect of Ajahar Khan, it is stated that they are 1-2 days old. Therefore, at this stage, it cannot be said that these two persons had not suffered injuries during the incident. From the evidence, particularly F.I.R., prima-facie case of formation of unlawful assembly and the common object to cause fatal injuries to Sikandar Khan is made out. Therefore, at this stage, it is not necessary to consider as to whether the present applicant has caused fatal blow on the person of deceased. For the foregoing reasons, the application is rejected. JUDGE *sdw