1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 321 OF 2011 Arjun @ Anand s/o Suresh Saheria ..Vs.. State of Mah. Through P.S.O. Lakadganj, Nagpur. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.B. Gaikwad, Adv. for applicant. Mr.S.M. Bhagde, APP for the State. CORAM : M.N. GILANI J. DATE : 07.07.2 011 . The applicant is an accused in Crime no.326/2010, registered at Police Station Lakadganj, Nagpur, for the offences punishable under sections 302, 143, 147, 148, 149 of I.P.C. 2. The incident happened on 25.10.2010 at about 9.30 a.m. in the compound of Lohiya High School where Idol of Sharda Goddess was installed. At that time, some 7 to 8 persons attacked him. Assailants were armed with deadly weapons. The deceased ran to the house of Jairam Nagpure and Indradhan Shah. He was chased and they came there. As many as 136 injuries were noticed on the person of the deceased. On the same day the sister of the deceased by name Kanta Ambodikar lodged F.I.R. naming few persons on the basis of which offence is registered. The p;resent applicant came to be arrested on the next day i.e. on 26.10.2010. 2 3. The learned counsel for the applicant has in support of his application submitted that the name of the present applicant is not appearing in the F.I.R. Only after his arrest on 26.10.2010, the statements of alleged eye witnesses were recorded. The weapon which was seized from the applicant has no blood stains and there is a defect in recovery panchanama. 4. It is true that in the F.I.R. the name of the present applicant does not appear. But what is stated is that 7 to 8 persons attacked the deceased. The names of 2 to 3 assailants were divulged and it is further stated that there were other 4 to 5 persons armed with deadly weapons. In this view of the matter, the absence of the name of the applicant in the F.I.R. is insignificant. 5. On the next day of the incident the statements of six eye witnesses were recorded. They all named the present applicant. Thus, a prima facie case showing involvement of present applicant in the brutal murder of Bharat Mohadikar is made out. 6. Considering the nature of the accusation, applicant is not to be released on bail. Application is rejected. JUDGE Hirekhan.