1 crap3347.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3347 OF 2011 1 Kayum Kha s/o Mehetab Kha Pathan, aged 56 years, occ. Agriculture, 2 Abubakar s/o Jabbarkhan Khan, age 31 years, occ. Labour, 3 Shaharukh Khan s/o Hameedkhan Chopdar, age 18 years, occ. Labour, 4 Ayub Khan s/o Noorkhan Chopdar, age 45 years, occ. Business, All r/o Waluj, Tq. Gangapur, Dist. Aurangabad ...Applicants (Orig.Accused) VERSUS The State of Maharashtra ...Respondent ..... Smt. S.S.Jadhav, advocate for applicants Shri G.R.Ingloe, A.P.P. for respondent Shri S.S.Halkude, advocate for the original complainant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 24th August, 2011 2 crap3347.11 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose, as well as heard respective learned counsel for the parties finally. 2 The applicants have preferred the present application seeking regular bail, in connection with C.R. No.39 of 2011, registered at Waluj police station, District Auangabad, for the offences punishable under Sections 302, 307, 326, 324, 143, 147, 148 and 149 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of complaint lodged by one Rizwan Rashid Pathan on 6.4.2011 in respect of occurrence of the incident at about 1330 hours on the same day. 4 It appears from the said complaint that at about 1330 hours on 6.4.2011, the complainant and his brother, namely Mosin Khan were cleaning the plot purchased by them and were erecting tin shed thereon. At that time, one Yahya Khan came there and told them that the said plot belonged to him and 3 crap3347.11 asked them not to clean the said plot. It appears that all the applicants rushed there and asked the complainant not to erect the shed. Moreover, Sheraj Khan and Yahya Khan assaulted Mosin Khan on his stomach and chest by means of Gupti and thereby he sustained serious bleeding injuries, to which he succumbed. It also appears that the applicants and their associates assaulted the complainant and others. Even the mother of the complainant was assaulted by Shainbee. In the said assault by the applicants and their associates, the complainant and others were injured and Mosin Khan was declared dead. 5 It appears that during the afore said occurrence of the incident, the applicants assaulted the complainant and other injured persons by sticks, iron rod, Gupti and knife. The injured Yajaj Khan Aasmat Khan was assaulted by applicant no.2 Abubakar by knife on his fore head and ribs and injured him and injury certificate discloses that he sustained CLW on his fore head. Moreover, injured Khalid Hamid Pathan was assaulted by applicant no.3 Shahrukh Khan by knife on his left side ribs and injured him and the injury certificate discloses that 4 crap3347.11 he sustained injuries on his left side abdomen. So also, injured Aslam Khan was assaulted by applicant no.4 Ayub Khan Chopdar by knife on his left side ribs and he sustained injuries on his chest; whereas injured Shaikh Firoz Shaikh Yusuf was assaulted by applicant no.1 Kayum Kha Mehtab Kha Pathan by iron rod giving blow thereof on his head and photocopy of injury certificate produced by learned A.P.P. at the time of arguments discloses that he sustained injury on his occipital region 3 x 2 x 1 c.m. by hard and blunt object and he was referred to surgery. 6 Admittedly, Sections 143, 147, 148,149, 302 and 307, as well as Sections 326, 324 of the Indian Penal Code have been applied in the present matter and during the occurrence of the incident Mosin Khan expired and the complainant and above referred injured persons have sustained serious injuries caused by means of knife and iron rod i.e. dangerous weapons. Moreover, apprehension is posed that if the applicants are enlarged on bail, there is every possibility that they would pressurise upon the witnesses and/or tamper with the evidence and may commit such type of offences in future and the said 5 crap3347.11 apprehension cannot be overlooked. 7 In the circumstances, having the comprehensive view of the matter, although investigation has been completed and charge sheet has been filed, considering the accusations made against the applicants and considering the nature, gravity and seriousness of the offences, it is not desirable to enlarge the applicants on bail, and hence, present application deserves to be rejected. 8 In the result, present application lacks merits, and therefore, same stands dismissed. 9 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding the same on merits. 10 The present application stands disposed of finally. (SHRIHARI P. DAVARE, J.) dbm/crap3347.11