Cri. Apln. 2272/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2272 OF 2011 Shaikh Javed Shaikh Sattar, R/o. Behind Ajanta Chitra Mandir, Gandhalipura, Amalner, Tq. Amalner, Dist. Jalgaon. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. Vinod P. Patil, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 10th June, 2011. PER COURT : 1. This application is filed under section 439 of the Criminal Procedure Code in Cr. No. 74/11 registered with Amalner Police Station, Dist. Jalgaon for offence punishable under sections 307, 143, 147, 148, 149, 353, 332 of the Indian Penal Code and also for offence punishable under section 3 r/w. 25 of the Arms Act. APP has made available the papers of investigation for perusal. Both the sides are heard. 2. The crime is registered on the basis of report given by one API Cri. Apln. 2272/2011 2 Deepak Lagad. He has made allegations that police had information that one Shaikh Rafik Shaikh Rashid alias Kajal was in possession of fire arms and explosives and he was creating terror in the city. On the basis of this report, raid was effected on 24.04.2011. Kajal was present in front of the house. The search of his house was taken. Detonators and 50 cartridges were found. When police starting taking action, Kajal and his family members started resisting. It is alleged that one unknown person was in the company of Kajal and he fired at Lagade. It is alleged that one lady hit some heavy object on his head and he sustained injuries. Allegations are made against the applicant that he was also present in the gathering which was there for supporting Kajal. APP has pointed out the statements of witnesses like Shaikh Ismail and Shaikh Bhikan which show that the present applicant was present on the spot at the time of incident. 3. The record collected shows that the main allegations are against Kajal who is behind bars and the offence under Arms Act is supposed to be only against Kajal as there was information against Kajal and house of Kajal was raided. Even if, it is presumed that the present applicant was present on the spot when the incident took place, the material collected on record is not sufficient to make out common intention or common object. The Police Officer also fired with his fire arm and one lady was injured. A sister of Kajol is already released on bail by this Court. So this Cri. Apln. 2272/2011 3 Court holds that this is a fit case to grant bail. So the order. (1) The application is allowed. (2) The applicant is to be released on bail in Cr. No. 74/2011 registered with Amalner Police Station, District Jalgaon for offences under sections 307, 143, 147, 148, 149, 353, 332 of IPC and under section 3 r/w. 25 of Arms Act on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper the prosecution evidence. He is to co-operate the police machinery during investigation. (3) These observations will not come in the way of Trial Court while deciding the case. [ T. V. NALAWADE, J.] ssc/criapln2272.11