1 ABA318.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 318 OF 2011 Mr. Rakesh Maruti Jawalkar. ... Applicant. V/s. The State of Maharashtra & Ors.. ... Respondents. None for the Applicant Mrs. R.V. Newton, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 15th JUNE 2011. P.C. :- The Applicant and his Advocate are absent. Heard Mrs. Newton, learned APP for the State. 2. By the order dated 28th April 2011, interim anticipatory bail was granted to the Applicant. The order shows that the contention that ‘the Applicant was alleged to have hit only the first informant and not the other victims’, and that ‘the first informant had sustained only simple injuries’, was advanced before the Court at that time. Interim protection was granted to the Applicant and the learned APP was expected to check the correctness of this contention in the meantime. 2 ABA318.11.sxw 2. Today, I am shown a xerox copy of the medico-legal certificate showing the injuries sustained by the first informant Manish. I find that the injury caused was on head. The weapon used was a tile. The injury is said to be 1 c.m. deep. It is difficult to hold that such injury could be termed as having caused only “simple hurt”. 3. Moreover, I find that the Applicant has undoubtedly taken active part in the incident, going by the averments made in the F.I.R. The Applicant and his Advocate have not chosen to remain present before the Court and make submissions in support of the Application. 4. Under these circumstances, I am not inclined to grant anticipatory bail, to the Applicant. 5. The Application is rejected. 6. Interim order stands vacated. (A.M. THIPSAY,J.)