1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2323 OF 2010 Mr.Sikkandar Y. Dadarkar & Ors. )..Applicants Vs. The State of Maharashtra & Anr. )..Respondents ­­­­ Mr.Sandeep V. Marne for the applicants. Smt. V .R.Bhosale APP for the State. ­­­­ Coram : R.S.MOHITE,J Date : 7th May, 2010 PC 1 This is an application for grant of anticipatory bail. The applicants are shown as accused in C.R.No.62 of 2010 registered by the Khed police station for alleged offence under Section 326 of IPC. On reading the complaint filed by one Fauzia Javed Shaikh it is seen that the present applicants are specifically said to be the persons who are in the mob. Two of the applicants are named and applicant no.3 is referred to as the son of applicant no.1. Some overtacts are attributed to the applicant no.2 regarding slapping of the complainant. It appears that the constable was sitting in the house with complainant and when he come out, he was also assaulted. Assault was on vital part, such as head. Merely because injuries are simple, once they are alleged to be inflicted by a dangerous weapons, the offence may fall under Section 324 which is also non­bailable. Police need to investigate as to why the mob collected and what was the intention of its members. Hence, application is rejected. It is made clear that the observations made in this order will not be used in case the applicants apply for regular bail. Advocate for the applicants seeks time to surrender. Applicants may not be arrested till 12.5.2010. (R.S.MOHITE,J) 2 3