1 Cri.A.2587.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2587 OF 2011 Shaikh Badshah S/o Shaikh Yakub R/o Narayanpur Tq.Gangapur, District Aurangabad. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENTS. ... Shri.S.G.Ladda, Advocate for Applicant. Shri.B.J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 11TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 38 of 2011, registered with Waluj Police Station, Waluj Tq. Gangapur, District Aurangabad, for the offence punishable under sections 307, 143, 147, 148, 149 of the Indian Penal Code. APP has made available the papers of investigation. Both sides are heard. 2. The crime is registered on the basis of report given by one Shaikh 2 Cri.A.2587.11 Nazir. He has made allegation that on 02.04.2011 at 9.30 a. m. when he went to plot of his uncle Shaikh Shabbir, present applicant and others came there. He has made allegations that they asked to stop the construction, and at that time, Shaikh Shabbir said that he would give the possession of the plot along with construction, if it is decided that the said plot belongs to other side. Thereafter the assault was made. Allegations are made that present applicant gave instigation to others to assault the complainant and also Shaikh Shabbir to finish them. Allegations are made that in the incident one Shaikh Isaq used axe and axe was hit on the head of the complainant. Allegations are made against present applicant that he gave instigation of murder and he used plank on the head of Shaikh Shabbir. Injury Certificates in respect of complainant-Shaikh Nazir and Shaikh Shabbir are produced. Shaikh Shabbir sustained injury over skull, on back and portion of both bones of legs. Injuries were caused by hard and blunt object. As the injuries are described as simple in nature, Advocate for the applicant submitted that it cannot be said that the said offence falls under section 307 of the Indian Penal Code. This submission cannot be accepted at this stage, as injuries were caused on the head and direct instigation was given by present applicant to finish the complainant and his uncle. Advocate further submitted that there is no specific allegation against the applicant Badshah that he caused injury to Shaikh Shabbir by plank. It is 3 Cri.A.2587.11 specifically mentioned in the FIR that Shaikh Shabbir was assaulted by present applicant Shaikh Badshah by using plank. Thus, there is no force in the submissions made by the Advocate for present applicant. In view of the aforesaid circumstances, and as present applicant has no concerned with plot, where incident took place, anticipatory bail cannot be granted to the applicant. Hence, application stands rejected. Interim relief granted earlier stands vacated. Sd/- [ T.V.NALAWADE, J.] MTK