1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (ABA) NO.366 OF 2011 (SHEIKH AFSAR SHEIKH NIZAM.//VS// STATE OF MAHARASHTRA THR. PSO, PUSAD CITY, DISTT. YAVATMAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.A.M.Jaltare, Advocate for the applicant. Mr.M.J.Khan, A.P.P. for Respondent/State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 21, 2011. 1. This is an application under Section 438 of the Code of Criminal Procedure for issuing directions to release the applicant on bail, in the event of his arrest in Crime No. 95 of 2011, registered with Police Station, Pusad, District : Yavatmal under Sections 147, 148, 149, 307 of the Indian Penal Code. 2. The incident occurred on 27.05.2011 at about 7.30 to 8.00 p.m. When the victim Nafiz was present near Sitara Chicken Centre, eight assailants including the present applicant appeared there and assaulted him with iron pipe, sword etc. The victim was carried to a private hospital. One or two injuries were noticed on his head. The genesis of the incident is pendency of a case between victim Nafiz and the applicant/ accused and accused Sk. Mukhtyar. Accused Sheikh Mukhtyar wanted that the case should be settled amicably for which Nafiz was not ready. 3. It is contended by the learned counsel for the applicant that no overt act is attributed to the applicant. He invited my attention to the injury report. 2 4. The statements of the victim Nafiz and other witnesses pointed out that on 27.05.2011 at about 7.30 to 8.00 p.m. eight persons, presumably members of an unlawful assembly armed with weapons like iron rod, sword came to the spot and assaulted. No doubt, the applicant did not attribute any specific act. However, prima-facie it appears to be the case where Section 149 of the Indian Penal Code is applicable. Considering the gravity of the offence, it would not be desirable to grant pre-arrest bail to the applicant. 5. The contention of the learned counsel for the applicant that custodial interrogation is not necessary, cannot be accepted. Apart from the custodial interrogation nature and gravity of the offence does not warrant exercise of jurisdiction under Section 438 of the Code of Criminal Procedure. The application is rejected. JUDGE RR..