1 CR.APLN.NO.5081-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5081 OF 2010 1. Sayyad Rahemat s/o Sayyad Ahmed, Age 31 yrs. Occ. Pvt. Service, r/o Hilal Nagar, Nanded, District Nanded. 2. Sayyad Jameel s/o Sayyad Ahad, Age 27 yrs. Occ. Business, r/o Hilal Nagar, Nanded, District Nanded. ...APPLICANTS VERSUS The State of Maharashtra. ...RESPONDENTS ... Mrs.Sadhana Jadhav, Adv., for the applicants. Mr. K.M.Suryawanshi, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:17/1/2011 *** PER COURT : 1. Heard. The accused/applicants, in custody from 2nd April, 2010, in Crime No. 116/2010, registered at Nanded, Rural/CIDCO Police Station, for an offense under Sections 302 read with 34 of IPC, seek release on bail. 2 CR.APLN.NO.5081-10 2. The narration of events illustrate, Mohammad Imran was attending his Pan shop, as a regular part of his business activities, there were customers. The accused Rehmat, allegedly, approached with a demand of betel / cigareete on credit, refusal by said Mohammad Imran enraged accused no.1 Sayyad Rahemat. He called his brother Sayyad Jameel, who came with sword and iron rod, handed over iron rod to Sayyad Rahemat. Thereupon, Sayyad Rahemat assaulted Mohd.Illiyas by two blows of iron rod resulting in a CLW over forehead 6 cm x 2 cm as per post mortem report. 3. Counsel submits, chargesheet is filed, no criminal antecedents, no pre-meditation and the recovery of blood stained apparels is not possible as it was in the wee hours of 2nd April, 2010. 4. Having gone through the investigation papers, I find, Javed, Abdul Gafoor and other witnesses witnessed the ghastly act occasioned at the shop of the deceased in the night of 1st April, 20100. The common account furnished by them, at this stage, need not be doubted. The doubt created about recovery needs to be explained at proper stage. Sayyad Rahemat called his brother Sayyad Jameel, who came prepared, is demonstrative of concert and pre-meditation. 3 CR.APLN.NO.5081-10 Taking survey, no case to release the accused/applicants on bail. Application rejected. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE agp/5081-10crapl