cra3345.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3345 OF 2011 Yunuskha Aziz Kha Pathan, Age-45 years, Occu:Agri., R/o-Demni Wahegaon, Tq. & Dist-Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.A.M. Nagarkar Advocate for Applicant. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 10TH AUGUST, 2011 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No.I-75 of 2011 registered in Karmad Police Station, Dist- Aurangabad, for the offences punishable under cra3345.11 2 Sections 143, 147, 148, 149, 307, 324, 504, 341, 447 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Shivprasad Gilda. He has dispute over the agricultural land with the Applicant. Suits are also pending in the Court. One suit is filed by present Applicant for relief of preemption and it was submitted that suit for the relief of injunction was filed by the complainant. 3. The incident took place on 28th May, 2011. Allegations are made that when the complainant and his persons were ploughing the land, the Applicant and his persons obstructed them and picked up quarrel. Allegations are made that in the incident, the Applicant gave blow of axe on the head of the complainant and when his cra3345.11 3 brother and others tried to rescue him, Idris Khan and others assaulted brother of the complainant, Shriniwas and others. 4. The Advocate of the Applicant has produced copy of F.I.R. in C.R. No.76 of 2011. The said crime is registered on the basis of report given by the present Applicant. Thus, the Applicant is not disputing his presence and counter cases are registered in respect of the same incident. The police papers show that at- least three persons were injured from the complainant side. The complainant sustained C.L.W. on occipital region. Injury is described as simple bu the patient was referred to surgery department as there was head injury. Shriniwas sustained two injuries and out of those, the injury over skull is described as grievous as there was fracture of skull. One Kaduba sustained abrasion, simple injury. cra3345.11 4 5. The Advocate of the Applicant submitted that the allegations are made by the complainant that present Applicant assaulted the complainant on his head and as simple injury was caused to the complainant, relief can be granted to the Applicant. This submission is not acceptable at least at this stage. Applicant has grievance against the complainant and the incident took place due to the present Applicant and present Applicant is described as leader of the incident. In view of these circumstances and the record made available, this Court holds that relief cannot be granted to the Applicant. So, the Criminal Application stands rejected. [T.V. NALAWADE, J.] asb/AUG11