1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINA APPLICATION NO.1091/2010 Sajjidkhan s/o Yusuf Khan Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. A.. S. Mardikar, Adv. for the applicant. Mr. Bhagde, APP for the respondent. C ORAM : A. P. BHANGALE, J. DATED : 9th SEPTEMBER, 2010. 1] Heard. 2] The applicant is seeking grant of bail in connection with Crime No. 3/2009 reported on 16.1.2009 at Mangrulpir Police Station, District Washim. Initially, offence under Sections 302, 307, 147, 148,149, 504, and 506 of the Indian Penal Code was registered against six accused. 3] According to learned Advocate for the applicant, all other accused except the applicant have been released on bail and the applicant is in jail since 16.1.2009. The role attributed to the applicant in the crime was that he was armed with sword and had concealed it with himself and then he had taken out and assaulted on the head of Mohammad Nayeem, 2 who was going on by motorcycle. According to learned Advocate for the applicant, this role attributed to the applicant that he had concealed sword with himself and then it had been taken out and assaulted on the head of Mohammad Nayeem is not corroborated by the post-mortem notes as injury caused by sword would have been incised wounds while surface injuries in column no.17 of P. M. notes is mentioned as contusions. Regarding forehead injury, it is mentioned as compound fracture of frontal bone. It was an alleged assault by multiple numbers of persons by means of iron pipe, gupti and axe etc. The learned Advocate for the applicant has also contended that prima facie it is stated that alleged involvement of the applicant is that he was armed with sword, which has been described in discovery panchanama as 25.5 inches in length with handle of four inches having 3.5 m. width. The role attributed to the applicant is that he had concealed the said sword with himself at the time of incident and took out and then assaulted. This appears improbable. . 4] Learned Advocate for the applicant invited my 3 attention to the bail orders granted in favour of the co-accused in this case since 3.11.2009 and 12.1.2010 and prayed that the applicant may also be released upon identical conditions like that of co-accused. 5] Learned A. P. P. objected for grant of bail on the ground that accusation are serious in nature and the prosecution have moved for cancellation of bail in respect of those who were granted bail earlier in the case. However, he is unable to point out number of any application for cancellation of bail in the Sessions Court or in this Court. According to him, the application for cancellation of bail is moved only yesterday. 6] Be that as it may, considering the role attributed to this applicant, it appears difficult to digest that he will conceal such a lengthy weapon with himself for to take out and then assault as alleged and that too without any corresponding injury appearing in the P. M. notes such as incised wounds which can be caused by means of sharp edged weapon like sword which had sharp point, I think like co- accused the applicant may also be released upon conditional 4 bail. Hence, the order:- . The applicant be released in Crime No. 3/2009 on bail upon executing PR bond in the sum of Rs. 30,000/- with two or more sureties in the like amount provided further he shall (i) attend the trial on each date of hearing (ii) the applicant shall not commit any crime while on bail, (iii) the applicant shall not give any threats to the prosecution witnesses, (iv) the applicant shall inform his fixed address with mobile/cell phone number if any to the Investigation Officer as well as the trial Court and if any change in address is there, the same be informed to the Investigating Officer as well as trial Court. Application stands disposed of. JUDGE Ambulkar.