1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1613/2009 (Devanand Radhekishna Mishra vs. The State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr Prakash Naidu Adv. for applicant Mr D P Thakare APP for Respondent C ORAM : A.P. BHANGALE, J. DATED : 8 th September, 2009. Heard learned counsel for respective parties. 2. The applicant is seeking bail in connection with Crime No. 267/2009 reported at Wadgaon Police Station Dist. Yavatmal for offence punishable under sections 147, 148, 149, 302, 307 of the Indian Penal Code; Section 135 of the Bombay Police Act and Sections 4 and 25 of the Arms Act. The FIR was lodged by Sachin Pundlik Langote against the present applicant and others on the ground that they formed an unlawful assembly and robbed Laxman Chavan and assaulted Prakash Langote and Amol Ghugare. It appears that first information was lodged on the basis of statement made by injured persons to the first informant. Later on statement of injured person was also recorded who attributed the role to the present applicant that he was one of the assailants at the time of the incident and was armed with knife and had assaulted on abdominal portion just below the chest to witness Prakash Langote ( who was injured in the incident); while Amol who was assaulted on his abdomen, had succumbed to his injuries, thereby attracting the provisions of Section 302 of the IPC. The weapon of offence was also recovered during the course of investigation. 3. Learned APP submits that the weapon of offence was also recovered during the course of investigation at the instance of applicant. 2 Against the present applicant several criminal cases were reported during the period between 2000 -2007 for serious accusations, including for offence punishable u/ss. 324, 307, 399, 454, 302 326 etc.. Learned Advocate for the applicant contended that one of the co-accused namely, Swapnil Talmale was released on 22nd April,2009. 4. Considering the role specifically attributed to the present applicant that he was armed with knife at the time of the incident and was seen assaulting injured Prakash as well as Amol on the abdominal portion below the chest and looking to the prospective sentence of imprisonment for life in such cases, if released on bail, the applicant may tamper with the evidence or abscond. His earlier bail applications were withdrawn by him. Under these circumstances, bail application is rejected. However, the trial Court would endeavour to dispose of the sessions case as early as possible. JUDGE. sahare