1 Cri.A.2274.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2274 OF 2011 Shri Prakash S/o Bandu Alone Age : 42 Years, Occup.: Agril. R/o Limbejalgaon, Tq. Gangapur, District Aurangabad. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENTS. ... Mrs. C.E.Gaikwad, Advocate for Applicant. Shri.S.G.Nanadedkar, A.P.P. for Respondent-State. ... CORAM: T.V.NALAWADE, J. DATE : 20th JUNE, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No.49 of 2011, registered with Waluj Police Station, District Aurangabad, for the offence punishable under sections 307, 341 504 and 506 of the Indian Penal Code. 2. Papers of investigation are made available by the learned APP. 2 Cri.A.2274.11 Both sides are heard. 3. On last occasion APP was directed to obtain clear opinion of the concerned Doctor, who gave treatment to the complainant in respect of the injury and today such opinion came to be produced. The incident took place on 13.05.2011. On that day in the first incident which took place at 3.30 p.m., it is alleged that present applicant gave threat of life to the complainant as the applicant wanted to use the way for going towards his land from the field of complainant. 2. Second incident took place at 6.30 p.m. near bus stand. It is contented that complainant was present with his three friends . Allegations are made that applicant came there with iron bar and when iron bar was snatched from him, the applicant took out sharp weapon Rapi. Allegations are made that applicant used this weapon against the complainant on his abdomen and weapon was also used on the hand of the brother of the complainant. It is contended that applicant took treatment in Neha Hospital, Pandharpur. In the incident, cubicle vein was cut. Though, injury is described as simple injury, Dr. has opined that in case of excess bleeding after cutting of cubicle vein patient may die due to heavy bleeding. The crime is registered for the offence punishable under section 307 of the 3 Cri.A.2274.11 Indian Penal Code. 3. Advocate of the applicant submitted that there is report of the Revenue Officer to show that on 13.05.2011 for fixing boundary marks parties were called. It was submitted that he is falsely implicated in this case. This submission of the applicant cannot be considered at this stage as there are allegations that sharp weapon was used and bleeding injury caused on the abdomen of the complainant. In view of the aforesaid circumstance, this Court holds that it is not fit case for granting anticipatory bail. In the present case custodial interrogation is necessary, so application stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK