1 CR.APL NO.1281/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 904. APPLN/1281/2011 SABER YAHIYA PATEL [Criminal] V/S THE STATE OF MAH THR. UDGIR CITY P.S. -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.M.Karad, Adv., for the applicant. Mr.V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:24/3/2011 1. Heard. In Crime No.13/2011, registered at Udgir (city) Police Station, pre-arrest bail in terms of Section 438 of Cr.P.C. for an offense under Sections 307, 147, 148,325, 504 read with Section 34 of IPC, is sought. 2. Learned Counsel, in support of his application, read the contents/observation in paragraph no. 6 of order of the learned Additional Sessions Judge dt.24.2.2011, while dealing with bail application of arrested accused Shaikh Sohel and others. Those observations, even if taken to its logical end, demonstrate 2 CR.APL NO.1281/2011 of events having taken place. Imroz has suffered two incised wounds, may be simple in its nature. Shaikh Sohel has also sustained abrasion caused by hard and blunt object. It cannot be said, no event as has been projected by the complainant, in his FIR, has taken place. Specific role is pointed to accused/applicant, holding a sword, assaulting at the left arm of the complainant. In this situation, release of other accused will not be a parameter to seek discretion in terms of Section 438 Cr.P.C. Custodial interrogation is imperative as the recovery is to be made and the associates are yet to be traced. The order of the learned Sessions Judge illustrate, the complainant was threatened by absconding suspects. 3. Application lacks merit, dismissed. Observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE AGP/1281-11crapl