1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3919 OF 2009 Prashant Purushottam Deshpande ........ Applicant versus The State of Maharashtra ........Respondent. Mr. V.V. Purwant i/b. Prasad B. Kulkarni adv. for the Applicant Mrs. P.P. Shinde APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 01st September,2009. P. C.: 1. This application is taken up for final hearing and disposal by consent of the learned counsel appearing for the respective parties. 2. The present applicant is apprehending arrest in connection with C.R. No. 34/09 registered with Kalachowki police station for offence punishable under sections 452, 323, 504 read with 34 or IPC and section 7(1)(d) of Protection of Civil Rights Act and hence has moved the present application for anticipatory bail. 3. The present applicant is a medical practitioner and has been appointed as a Registrar in Orthopedic department of Mahatma 2 Gandhi hospital, Bombay. The complainant as well is a medical practitioner working in the same Orthopedic department of Mahatma Gandhi hospital as a house man. According to the complainant, the present applicant had entered the complainant’s room in the hostel and assaulted the complainant by fist blows and also abused and insulted the complainant with reference to his caste. The applicant before filing the present application in this court, had moved the Sessions Court for anticipatory bail. However the said application was rejected on the ground that there is a bar under section 18 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) act 1984 in entertaining the application for anticipatory bail. It is not in dispute that no offence under the said act has been registered in the present case. The learned APP does not dispute that there is no provision similar to sec. 18 of the above Act in the Protection of Civil Rights Act. It is further stated by the learned APP on instructions from investigating officer that the investigation is already completed and charge sheet will be filed soon. Having regard to the totality of the facts and circumstances, I am of the clear view that the present application deserves to be allowed. In the result the application is allowed. In the event of arrest of the applicant, in C.R. No. 34/09 registered with Kalachowki police station for offence punishable under sections 452, 323, 504 read with 34 or IPC and section 7(1)(d) of Protection of Civil Rights Act, he shall be released on bail on execution of personal bond in the sum of Rs. 10,000/- with one or two sureties in the like 3 amount. The applicant shall abide by the conditions stipulated under section 438(2) Cr.P.C. Application is disposed of. (A. P. Deshpande, J.)