IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CR.APPLN/5338/2010 DIPAK UTTAM GONDKAR AND ANR V/S STATE OF MAHARASHTRA AND ANR ... Shri S.A.T.Patel, Advocate for applicants and Shri N.B.Patil, APP for respondents. ... CORAM : K.U.CHANDIWAL,J. Dated : January 10, 2011 PER COURT :- 1. Heard respective parties. 2. Pre-arrest bail for the offences under Sections 326, 506 read with 34 of Indian Penal Code in Crime No.I/188/2010 of Shirdi Police Station is sought. Learned counsel submits that the accused/applicants deserve identical treatment as has been showered on accused Uttam Karbhari Gondkar by the order of this Court in Criminal Application No.4645 of 2010, dated 7.12.2010. 3. Learned counsel is mis-matching the details as the said application of Uttam Karbhari Gondkar was for regular bail and secondly, while making the observations this Court has indicated that the nature of injuries on the person of informant are not of serious nature and accusation is for the offence under Section 326 of Indian Penal Code. Said Uttam Karbhari Gondkar was directed to be released on regular bail. Present situation is that the accused/applicants seek pre-arrest bail when the witness has suffered fracture of jaw. Discrepancy in the name or user of CR.APPLN/5338/2010 (2) weapon will not be the para meters to exercise powers under Section 438 of the of the Code of Criminal Procedure. The application lacks merits. 4. Application is dismissed. (K.U.CHANDIWAL, J.) ... akl