IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2276/2009 (Firoz @ Haddi Manjoor Khan ..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 8 th JULY, 2009 Heard Shri D.M.Dixit, Advocate, for the applicant and Shri Thakare, APP, for respondent State. Learned counsel for the applicant has pointed out that though in the F.I.R lodged by the complainant, the name of Eknath and Mulchand were mentioned as persons who had caught hold the deceased when accused Balya inflicted blow by knife, they were not chargesheeted. On instructions from I.O Shri Gowawi, P.I., it is submitted that they were found to be not present on the spot. In fact it was found that the age of the assailants was between 25 to 28 years and these persons were aged about 50 years. It therefore means that part of the report lodged by the complainant is patently false. As regards role of the present accused is concerned, the learned APP has pointed out the statements of two witnesses viz. Narendra Kalsi and Ali Raja Khan. Their statements are only to the effect that this applicant was seen running from the spot on Activa Motor-cycle. There are no allegations against the present applicant as regards actual assault or holding the deceased to facilitate the assault. In these circumstances, applicant would be entitled for bail. Applicant be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall not commit any offence and shall attend the trial regularly and shall attend the Police Station Lakadganj on first Sunday of each month at 11 a.m until further orders or till the trial is over. Bail in trial Court. It is made clear that the above observations are in prima facie view of the matter and the same shall not in any way influence the learned trial Judge while deciding anything on merits. Application disposed of. JUDGE Rvjalit