1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4032 OF 2009 Shaikh Salim S/o.Shaikh Ahmed APPLICANT VERSUS The State of Maharashtra and another RESPONDENT Mr.A.R.Salve, h/f. Mr.S.S.Nirkhee, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent/State (CORAM : A.V.POTDAR, J.) DATE : 05/12/2009 PER COURT : 1. By the present application, the applicant has moved this Court for his release on bail in case of arrest in connection with CR No. 238/2007, registered in Georai Police Station for an offence punishable u/s.307, 504 r/w. 34 of IPC. 2. According to learned counsel appearing for applicant, considering the injuries found on the person during the alleged assault at the hands of this accused applicant, it can not be said that the offence registered punishable u/s. 307 can be attributed and on this ground alone he is entitled for anticipatory bail. 2 3. The application is opposed by learned APP on the ground that inspite of twice the earlier anticipatory bail application of the present applicant was rejected by the Court of Sessions, to avoid the arrest, repeatedly same applications are moved before this Court before the Criminal Courts. In the premise, considering the allegations against the applicant accused, the application is rejected. 4. Considering these submissions across the bar as well as the allegations against this accused as projected in the FIR dated 27/12/2007, this allegation not only discloses the name of applicant, but also the role played by the applicant and the weapon used by the applicant during the said assault. It is a fact that the blow given by the sword by this applicant on the head of the complainant was protested by the complainant and in that process, he has sustained other injuries which found place in the MLC. That does not mean that there was no intention on the part of this applicant to cause serious injuries as contemplated under section 307 of IPC. This application is nothing but to avoid the arrest and to prolong the proceedings and that is also when the charge sheet is already filed against the present applicant and other. No merit in the application. Hence order - Application stands rejected. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4032-09