(1) CR.APP. 1747.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1747 OF 2009 1] Shaikh Shakur S/o Shaikh Isaq, Aged : 46 years, Occu.: Business, R/o Himayatnagar, Tq. Himayatnagar, Dist. Nanded 2] Shaikh Iliayas S/o Shaikh Kalam, Aged : 23 years, Occu.: Business, R/o Himayatnagar, Tq. Himayatnagar, Dist. Nanded .. Applicants Versus The State of Maharashtra, Through Police Inspector, Himayatnagar Police Station, Tq. Himayatnagar, Dist. Nanded (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent Smt. Manjusha Nayan, Advocate for the Applicants Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 8TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking anticipatory (2) CR.APP. 1747.2009 bail in crime no. 26 of 2009 of Himayatnagar Police Station, Dist. Nanded. The applicants and two others are accused of committing offences punishable under section 326, 323, 504, 506, 34 of the Indian Penal Code. 2] On 4.5.2009 at about 12:30 midnight the applicant and two others first abused the complainant Nayeem Khan and thereafter the other accused Feroz Khan dealt blow of sword on the head of the complainant. Due to this blow, ear of the complainant almost got cut of. The applicants were not armed with any weapons, but they launched attacks on complainant Nayeem and they dealt kick and fist blows on the person of Nayeem. The medical certificate issued in respect of Nayeem’s injury however, does not support the prosecution case that the applicants assaulted Nayeem. Although the applicants presence at the time of the incident cannot be doubted, there is possibility that they did not actively participated in the incident. It is also seen that they probably did not share the intention of other accused Feroz to cause grievous hurt to the complainant. The incident took place on 4.5.2009. The investigation of the case must have been over by now. The applicants deserve anticipatory bail. (3) CR.APP. 1747.2009 3] In the event of their arrest in this case, they shall be released on bail of Rs.5000/- (Rs. Five Thousand) each with one surety each in the like amount. 4] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/8july9/cr1747.09