- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3673/2010 Shahajan Ali s/o Yavar Ali Mirza, age 38 yrs., occu.business, r/o Bhagwan Nagar, Georai. Tq.Georai Dist.Beed. ...Applicant.. Versus The State of Maharashtra, through M.I.D.C. Police Station, Ahmednagar. Dist.Ahmednagar. ...Respondent... ..... Shri S.S. Jadhavar, Advocate for applicant. Smt.B.R. Khekale, APP for respondent. ..... CORAM: V.R. KINGAONKAR, J. DATE: 29.09.2010 PER COURT : - 2 - 1] This is an application for bail. 2] The applicant is arrested in connection with Crime No.I-6/2010 for offence punishable u/s 302 r/w 34 of the Indian Penal Code. 3] Heard learned Advocate for the applicant and learned APP for the State. 4] The charge-sheet is already filed. It is stated by learned APP that the sessions case is scheduled on 1.10.2010 for framing of charge. It is further stated that the wife of deceased Sarfaraz had given complaints about threats received from relatives of the applicant. 5] The FIR and investigation papers prima facie indicate that there was enmity between the deceased Sarfaraz on one hand and the main accused Sikandar Ali and his brothers on the other hand. The FIR purports to show that main accused Sikandar Ali used to threaten deceased Sarfaraz to refrain himself from visiting Ahmednagar for vending of spectacles. The main accused i.e. Sikandar Ali is real brother of the applicant. The incident occurred on 11.1.2010, allegedly the informant along with deceased Sarfaraz had been to a road side hotel “Dhaba” in the relevant morning for vending of spectacles. At that time, Shahajan Ali – the applicant and other two brothers approached Sarfaraz. They asked him to go with them behind Dhaba in order to talk something with him. The informant heard - 3 - abuses and went behind Dhaba. He noticed that deceased Sarfaraz was held by two brothers of the applicant by name Shikava Ali and Javed Ali, whereas Sikandar Ali had stabbed on neck of the victim – Sarfaraz by means of a big knife. He noticed that the applicant was giving kicks and fist blows to said Sarfaraz. 6] What appears from the record is that the applicant was present along with his other three brothers in the relevant morning and had accompanied Sikandar Ali when they had taken deceased Sarfaraz behind Dhaba. The applicant was not armed with any weapon. The role attributed to him was of giving kicks and fist blows. The evidence is yet to be recorded in order to gather whether there was sharing of common intention by the applicant along with his three brothers. Considering these aspects, the applicant deserves liberty on certain conditions. Hence, it would be appropriate to grant the application on following terms. 7] The application is allowed. The applicant is directed to be released on bail on furnishing P.R. Bond of Rs.30,000/- and solvent surety in the said sum to the satisfaction of the Court of Sessions and on further condition that he shall not enter limits of Georai during pendency of the trial of the sessions case and shall report his presence at M.I.D.C. Police Station, Ahmednagar, on each Tuesday and Saturday between 7-00 p.m. to 9-00 p.m. He shall not contact any of the prosecution witnesses and shall make no attempt to tamper with the evidence of prosecution. He shall not leave jurisdiction of Ahmednagar Sessions Court till the trial is completed. If he will commit default in attending the sessions trial on any - 4 - two consecutive dates or will commit default in attending the concerned Police Station on any two consecutive days, the bail granted to him will be deemed as revoked and he may be arrested by issuing necessary arrest warrant immediately. (V.R. Kingaonkar, J.) ndk/cr299101