1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3050 OF 2009 Rawan S/o Laxman Wasmode Versus State of Maharashtra *** Mr. U. B. Bondar, Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 8th SEPTEMBER, 2009. 1. The accused/ applicant seeks bail in terms of section 438 Cr.P.C. in Crime No.44 of 2009 registered at Mukramabad Police Station for offence under sections 327, 504, 323 read with 34 of IPC. 2. It is more than clear, out of the group rivalry two groups, one of the accused/ applicant and other has clashed with each other. Both sustained injuries. The eye-witness about implication and to the role of the present accused/ applicant belongs to other group. 3. The learned counsel, during the course of submission, had a grievance against the investigator 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. that, with the parameters which were made applicable to other side, the offence was registered in terms of section 324 and other provisions of Penal Code, however, with the identical role that could be attributed against the accused/ applicant, the investigator applied section 326, more grievous whereby to desist the accused/ applicant from getting benefits arising out of infraction of section 324 of IPC. 4. At this stage of the matter, it is for the learned Judge, seized with the matter, to consider these aspects independently. I need not to advert to the same. 5. The fact remains, there is injury certificate which speaks high against accused/ applicant. The statement of the witnesses are consistent against the accused applicant, pointing his role. May be that, there are two groups, but the incident is not imaginary one. Consequently, pre-arrest bail, as 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. sought, cannot be entertained. Application is rejected. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:08/09/2009. ans/3050