IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4610 OF 2008 CRIMINAL APPLICATION NO. 4610 OF 2008 CRIMINAL APPLICATION NO. 4610 OF 2008 Harishchandra Mahadev Dangar & Ors. ...Applicants vs. The State of Maharashtra ...Respondent Mr.J.S. Kini for the Applicants. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 5, 2009 DATED : JANUARY 5, 2009 DATED : JANUARY 5, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. This is an application for anticipatory bail filed by the applicants. 3. An offence has been registered by the Pen Police Station vide C.R.N.153/2008 for the offences punishable under Sections 147, 148, 149, 326, 324, 325, 323, 504, 506 of the IPC. The application for anticipatory bail has been rejected by the Sessions Court. 3. It is the case of the applicants that the - 2 - complainant and others were convicted by the trial court for the complaint which was lodged by one of the present applicants for the offence punishable under Section 306 of the IPC and against the said order of conviction, an appeal has been filed in this Court which is pending and the accused have been released on bail by this Court. 4. The learned Counsel for the applicants submitted that the complainant and his followers on account of political rivalry had assaulted them near the ST station and in the said assault, the applicants were injured and they had taken treatment in the Government Hospital. He then submitted that the complainant and the other witnesses who are allegedly assaulted by the present applicants took treatment in the private hospital and the certificate has been issued by the said hospital indicating that certain injuries were caused to them. It is submitted that the present applicants also filed the complaint, however, the police have not taken any steps to investigate the said complaint. It is submitted that a false complaint, therefore, has been filed against the present applicants. He submitted that - 3 - the trial court has granted anticipatory bail to the complainant and others against whom a complaint has been lodged by the present applicants, however, their application for anticipatory bail has been rejected. 5. The IO has produced injury certificate from a Government Hospital. The learned APP has invited my attention to the injury certificate to indicate that the complainant and others were grievously injured. 6. I have perused the complaint filed by the complainant in the present case and also the complaint filed by the present applicants which is annexed to this application. Taking into consideration the statements of the witnesses and the injury certificate produced by the Investigating Officer, it is not possible to accept the contention of the learned Counsel for the applicants. In my view, no case is made out by the applicants for grant of anticipatory bail. The applicants may, however, apply for regular bail before the competent court. - 4 - 7. Hence, the application for anticipatory bail is rejected. The applicants are given one week’s time to surrender before the police. 8. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)