1appln-3084-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3084 of 2010 Mrs Nasim Karim Shakh .. Applicant. vs. The State of Maharashtra .. Respondent. Mr Rishi Bhutta, for the Applicant. Mr P. S. Hingorani, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the applicant apprehending her arrest in connection with C.R. No. 163/2010 registered with Dahisar Police Station for the offence punishable under Section 326 read with section 34 of I.P.Code. 2. The First Informant in the present matter is the step-son of the present 2appln-3084-10 applicant. There is a matrimonial dispute between the father of the first informant, who is husband of the present applicant, and on that count relations of present applicant and her husband – father of the complainant, had became strained. During the arguments, learned Advocate for the applicant brought to the notice of the Court that prior to lodging of the F.I.R. against her, there was incident of assault on the complainant herself at the hands of her husband, his first wife and present applicant and due to such assault she sustained fracture injury to her hand by use of iron rod. So far as present matter is concerned, the incident occurred on or about 28th May, 2010 at about 11:30 p.m. on a public road when the complainant was proceeding on a motor cycle. When he halted to answer the nature’s call, allegedly, present applicant and her son accosted the complainant and there was some commotion in which the present applicant gave a slap to the complainant whereas her son used an iron rod and caused fracture injury on the right leg of the complainant. After the said incident present applicant and her son, co-accused ran away from the spot. 3. Considering filing of the cases against each other by the rival party and considering the role assigned to the present applicant in the present incident of assault as to slapping the first informant, her application can be allowed by giving discretionary relief of anticipatory bail with certain directions to attend Police Station as and when required. In the result, the application is disposed of by the following order:- ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of the applicant in C.R. No. 163/2010 3appln-3084-10 registered with Dahisar Police Station, she shall be released on bail on executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount. © On availing the bail the applicant shall attend concerned police station once in a week on every Monday between 10-00 a.m., to 12.00 noon till filing of the charge sheet. (d) Present anticipatory bail order shall be effective till filing of the charge sheet and 15 days thereafter and on filing of such charge-sheet, the applicant shall apply for regular bail before the concerned Court. (e) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)