1 Criap.No. 5505 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 5505 OF 2011 Khayum s/o Gulam Ali Maniyar ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr S.S. Shinde, Advocate for the applicant; Mr B.J. Sonawane, A.P.P. for the respondent CORAM : R.Y. GANOO, J. DATE : 20th December, 2011 PER COURT : Heard learned Advocates on both sides. 2. Applicant apprehends in C.R. No.134 of 2011, registered with Naldurg police station, Taluka Tuljapur,District Osmanabad, under section 326, 324, 323, 504, 506 read with sec. 34 of the Indian Penal Code. The incident is of 8.10.2011 and it took place at about 10.30 a.m. Complaint is filed by Mubarak Ali. A perusal of the F.I.R. goes to show that in the morning of 8.10.2011, at about 10.00 a.m., on a small count, certain exchange of words took place between the side of the complainant and the present applicant and co-accused and present applicant is alleged to 2 Criap.No. 5505 of 2011 have assaulted Ikram Ali, son of the complainant, with an axe. Wife of the complainant was also assaulted by an axe. 3. I have perused the police papers. The eye-witnesses have rendered statement against the present applicant. Role alleged is use of an axe to cause injury to Ikram Ali. A detailed medical certificate is given, which clearly goes to show that said Ikram Ali has suffered as many as five injuries, out of which two are blunt trauma, one is abrasion, one is contused lacerated wound and another is abrasion along with minor laceration. It is pertinent to note that in the F.I.R. it is specifically mentioned that the present applicant used that portion of the axe which was not sharp (Tumba). The injuries suffered by Ikram Ali are undoubtedly serious. The present applicant has used axe on a small count. He is not entitled to anticipatory bail as police will have to investigate the matter. Recovery also may have to be effected. In view of the above, anticipatory bail application is rejected. (R. Y. GANOO, J.) amj/criap5505.11