cra3263.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3263 OF 2011 1) Sk. Mastan s/o Sk. Nihal, Age-28 years, Occu:Meson, R/o-Pandharpur, Tq. & Dist-Aurangabad, 2) Sk. Rashid s/o Sk. Rauf, Age-26 years, Occu:Labour, R/o-Pandharpur, Tq. & Dist-Aurangabad. ...APPLICANTS. VERSUS The State of Maharashtra, Through Police Station, MIDC, Waluj, Tq. & Dist-Aurangabad, in Crime No.70/2011. ...RESPONDENT. ... Shri.S.A.G. Qureshi Advocate for Applicants. Shri.N.H. Borade A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 10TH AUGUST, 2011 cra3263.11 2 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No.I-70 of 2011 registered in M.I.D.C. Waluj Police Station, Dist- Aurangabad, for the offences punishable under Sections 307, 326, 323, 504, 506, 147, 148, 149 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. At the time of argument, Advocate of the Applicants submitted that on instructions, he is withdrawing Application in respect of Applicant No.2 - Sk. Rashid Sk. Rauf. So, the Application in respect of Applicant No.2 – Sk. Rashid Sk. Rauf stands disposed of as withdrawn. 3. The crime is registered on the basis of report given by one Prakash Saudagar. He has cra3263.11 3 contended that out of previous enmity, Rashid and others assaulted him, his brother and his father. Specific allegations are made against Applicant No.2 Rashid that by saying that he would finish father of the Applicant, assault was made on the father of the complainant on his head. Iron bar was used as weapon. Vague allegations are made against Applicant No.1, Mastan who is resident of Jogeshwari, that he also took part in the incident and he assaulted by fist blows and kicks. Injury certificate shows that only one injury found on the head of the father of the complainant. It is described as simple injury, caused by hard and blunt object. 4. In view of the aforesaid circumstances, this Court holds that relief can be granted to Applicant No.1. So, Criminal Application in respect of Applicant No.1 Sk. Mastan, is allowed. Interim relief granted by this Court in favour of Applicant No.1 – Sk. Mastan s/o Sk. Nihal, by cra3263.11 4 order dated 1st August, 2011, is confirmed, subject to the conditions which were imposed at the time of granting interim relief. [T.V. NALAWADE, J.] asb/AUG11