* 1 * ABA.489.2011 13.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 489 OF 2011 Gangaram Hanman Bandgar & Ors. ..... Applicants V/S. The State of Maharashtra ...... Respondent Mr. Jaydeep Mane, Advocate for the applicant. Mrs. A.A. Mane, APP for the respondent­State. Coram :­ Smt. R.P. SondurBaldota, J. 13th July, 2011. P.C. :­ 1. The applicants are the accused in C.R. No.11 of 2011 of Karkamb Police Station, Pandharpur for the offences punishable under Sections 435, 341, 342, 324, 323, 147, 149, 504, 506 and Section 135 of the Bombay Police Act. They had earlier moved the Sessions Court for the same relief on two occasions. Both the applications came to be dismissed. 2. It is alleged in the complaint that on 12th April, 2011 at about 10.30 a.m. when the the informant was proceeding on his motor cycle towards from his residence to his workplace at Temburni he was accosted by applicants no.2, 6 and 7 and several others. He was made to alight from the motor cycle and was assaulted with sticks by applicant no.6, with stones and fistblows by the remaining persons. After the assault, he was * 2 * ABA.489.2011 13.7.2011 carried to the space opposite the house of one Suvarna Yamgar where applicants no.3 and 4 pinned him down to the ground. The others tied his hands and feet and assaulted him. They also burnt his motor­cycle. 3. The learned counsel for the applicant, submits that the rejection of the application of the applicants by the Sessions Court is solely on account of the subsequent medical certificate issued by Ashwini Hospital, Akluj showing 23 injuries on the various parts of the body of the first informant including the head and a fracture injury to the hands. He submits that prior to production of certificate from the private hospital considering the nature of the injuries described in the certificate issued by the government hospital, the offences alleged against the applicants could have been bailable offences. The FIR came to be modified on production of the medical certificate from Ashwini Hospital, Akluj. The Sessions Court noted that the Medical Certificate issued by Ashwini Hospital shows 23 injuries upon the first informant. It is also the claim that there is a counter case filed by the applicants herein for the offence punishable under Section 302 Criminal Procedure Code. Considering the facts alleged against the applicants and they being specifically named in the complaint with their specific role in the incident described, this Court is not inclined to exercise its extra­ordinary powers of grant of anticipatory bail. It has been pointed out to the Court that the other * 3 * ABA.489.2011 13.7.2011 accused in the case including the accused who had actually assaulted the first informant have been released on regular bail by the trial court. The applicants may also apply for regular bail as others. Hence, the application is rejected. [SMT. R.P. SONDURBALDOTA, J]