1 CRI.APPLN.NO.5286/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5286/2010. (Amir Fattu Ghorwade and Ors. Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.Sadhana Jadhav, Adv. for applicants; Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 6 th January, 2011. ... 1) Heard. 2) In a clash on election issue, Baba @ Firoz suffered injuries on 3rd July, 2010. The incident has taken place in market place, witnessed by several persons. Said Baba breathed his last on account of head injury. Post mortem notes illustrate that there was fracture to both left and right parietal bones. 3) During the course of investigation, police have recorded statements of Maheboob, Prabhu, Husain, Rafiq and Venkati. In the statement of Prabhu Dhondiba, who apparently is independent apart from other witnesses, has specifically pointed the role of the present applicants/accused as to how they have used the weapons and done to 2 CRI.APPLN.NO.5286/2010 death to the victim. Filing of affidavits by the witnesses and particularly Sattar, the complainant, would not mitigate the situation. The record blast against the conduct of the applicants in the heinous offence of taking precious toll of Baba @ Firoz. Filing of charge sheet by itself would also not be parameter to entertain bail application. Release of the applicants/accused would certainly fracture and frustrate the morale of the witnesses and would send adverse message. Consequently, no case to exercise discretion in terms of section 439 of Cr.PC is made out. The application rejected. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/