1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3845/2010 Guddu @ Sandip Shyamsing @ Shamrao Pardeshi ...Applicant. Versus The State of Maharashtra and others ...Respondents. Smt. Manjusha Jagtap, Advocate for applicant. Shri S.N. Kendre, A.P.P. for respondents. CORAM : A.V. NIRGUDE, J Date : 15th October, 2010. PER COURT:- 1 Heard. 2 This application is filed for grant of anticipatory bail in Crime No.II-118/2010 registered at Tofkhana Police Station, Dist. Ahmednagar on 15/08/2010. The complainant is a medical practitioner very well known to the applicant. At about 10.30 in the night on 14/8/3010 the applicant went to the hospital of the complainant holding a knife (gupti) in his hand. He threatened the Nurse on duty that if she did not make arrangement to get his father examined immediately, he would harm her. The Nurse immediately made a phone call to the complainant. The complainant rushed to the spot and found the applicant standing before the Nurse with knife in his hand. The applicant reiterated his threat to even the 2 complainant saying that his father is suffering from palpitation and the complainant should immediately examined him, by visiting him at the house and unless the complainant did not rush, he would kill all of them. The complainant stated that at that time, one more person came and confirmed the fact that the applicant’s father was not well and was suffering from palpitation. Hearing this, the complainant rushed to the house of the applicant and examined his father. He said, he found that the applicant’s father was suffering from high blood pressure and he then administered him certain medicine. He came back. Again at about 1.00 p.m. during that night, the applicant went to the complainant and asked him as to whether his father is now better. He was even then insisting on the complainant that the complainant should go and see his father. The complainant did not go to the applicant’s father because he said he had already treated him. On the next day evening he lodged the complaint. The learned advocate appearing for the applicant contended that either the complaint is lodged out of some misunderstanding or it was probably filed with gross exaggeration. He suggested that probably the medical practitioner was irritated because he was disturbed during odd hours in the night. She also pointed out that there is inordinate delay in lodging of the complaint. The incident took 3 place on 14/08/2010 late at night but the complaint was lodged on 15/08/2010 at about 8.30 p.m.. The complainant has not explained the delay in lodging of the complaint. He further asserted that there was practically no possibility of this incident having taken place because the applicant himself is a regular patient of the complainant and he and his wife are getting treatment from the complainant. The Complainant is knowing the applicant since long time. The applicant is his patient and in view of such relationship, the complainant would not lodge such serious complaint against his own patient unless he is convinced that the complaint of this nature was necessary. On the face of it, the complaint can not be disbelieved. The alleged act of the applicant certainly amounts to an offence under Section 506(II) of the Indian Penal Code. The learned advocate appearing for the applicant also mentioned that assuming the applicant had held knife in his hand during the incident,, she pointed out, no one got hurt. She said this indicates that the applicant had no intention to intimidate anyone. She said, the applicant was probably excited because his father grasping and suffering. Assuming that the applicant had gone to the complainant’s hospital in grave urgency and was scared seeing his father’s illness, yet by no stretch of imagination, a patient’s relative could afford to 4 intimidate the medical practitioner or his staff in order to get quick attention. The application deserves to be rejected. ORDER The application stands rejected. [A.V. NIRGUDE, J.] ts k/ok