..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1974 OF 2008 Santosh Krishna Kudale. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.Sudhir Halli, Adv. for applicant. Ms.P.P.Shinde, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 11th July, 2008. DATED : 11th July, 2008. DATED : 11th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking anticipatory bail in C.R.No.240 of 2008 of Chaturshrungi police station, Pune. The said case is under Section 326 of IPC. 3. The case of the complainant is that two of the coaccused caught hold of the complainant and at that time the applicant assaulted him from behind with an iron object on his head. The injury certificate of the complainant shows injury on the head as well as three other injuries one of them being fracture of the hand. 4. The learned Advocate for the applicant submitted that there is a cross complaint. The ..(2).. said cross complaint is under Section 326 of IPC and the applicant is the complainant in the said cross complaint. He has submitted that in the said incident the applicant also sustained grievous injuries and the role attributed by the applicant in his complaint to the complainant Rakesh in the present case is that he assaulted him with a beer bottle on his chest, stomach and head. 5. Mr.Halli the learned Advocate for the applicant submitted that the applicant also sustained grievous injuries in the incident which is seen from the injury certificate. No doubt the applicant has also sustained grievous injuries. However, the complainant Rakesh in the present case has also sustained grievous injuries. The weapon of assault is yet to be recovered. The custody of the applicant would be necessary. Hence, I do not think that this is a fit case to grant anticipatory bail to the applicant. Application for anticipatory bail is rejected. 6. On request of the learned Advocate for the applicant, time to surrender is granted upto 16th July, 2008. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)