1 Cri.Appln.No.508/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.508/2011 (Salim Qureshi Hanif Qureshi Vs. The State of Mah. and Anr.)s ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NS Ghanekar, Adv. for applicant; Mr.NB Patil APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 9 th February, 2011. ... 1) Heard. 2) In Crime No.I-18/2011 registered at Kranti Chowk Police Station, Aurangabad, for the offences under Sections 307, 324 r/w 34 of Indian Penal Code, pre-arrest bail is sought by the applicant/accused. 3) The complainant had advanced certain amount to one Mazhar for which there was a prosecution against him. The matter was resolved, some part payments were made. Assurance to make payment of Rs.10,000/- was given. Consequently, the complainant had been to the office of present applicant – Salim near Roxy, where the accused Salim Qureshi, another accused Halim Qureshi and Mazhar Ziauddin(debtor) were present. On a little brawl, the accused/applicant had inflicted a blow of hockey-stick, which was lying in his office and consequently, the complainant suffered CLW at parietal region, right side, as is indicated in the medical certificate (Exhibit-D) dated 10.1.2011 vide entry No. 677/RJC/11. 4) The learned Counsel for the accused/applicant submits, the assault was not with an intention or with knowledge and it was not in continuation of any earlier concert between the 2 Cri.Appln.No.508/2011 parties. The nature of injury, according to learned Counsel, being simple and since the complainant was relieved immediately, the accused/applicant deserves to be released on pre-arrest bail. 5) The gravity of the matter illustrate the mindset of the applicant/accused. He assaulted with hockey stick pointedly at parietal region/head of the complainant. The aim could not be said that it was without any intention or knowledge. Had the blow been with little more force, the complainant would have to face a fatal consequence. At this stage of the matter, without further dissecting as to the role or innocence of the applicant/accused, pre-arrest bail rejected. Observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/