IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1132 OF 2009 CRIMINAL APPLICATION NO. 1132 OF 2009 CRIMINAL APPLICATION NO. 1132 OF 2009 Khadim Abbas Nazar Ali Choudhary ...Applicant vs. The State of Maharashtra ...Respondent Mr.Ayaz Khan for the Applicant. Mr.S.S. Pednekar, APP for the State. Mr.M. Iqbal Solkar for the Original Complainant. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 16, 2009 DATED : MARCH 16, 2009 DATED : MARCH 16, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant, APP for the State and Counsel for the complainant. 2. This is an application for anticipatory bail. 3. A complaint was lodged by the applicant’s wife that the applicant had assaulted her and an offence under Section 326 has been registered by the Agripada Police Station, vide C.R.No.50/2009. 4. Counsel for the applicant submits that all the injuries are caused on the hand and she was assaulted by a belt and a bamboo stick and by hand, therefore, offence under Section 326 could not be made out. It was submitted that even otherwise, complaint was filed after - 2 - a lapse of two days and it was submitted that the applicant’s wife was having illicit relations with the person and that she was caught red-handed. It was further submitted that the applicant was keeping a track on the outgoing calls made by his wife from her mobile to three numbers and therefore, he became suspicious and when investigation was made, it was found that one of the numbers was used by one Sohail, the other number was used by Sameer and the identity of the third number could not be found out. It was submitted that the applicant’s friends also taunted the applicant that his wife was seen in the company of unknown persons. It was submitted that under these circumstances, the applicant in a fit of rage assaulted her. It was submitted that even the parents of the complainant assaulted her and therefore, the applicant was not responsible for the injuries which were on her hand and other parts of the body. 5. Counsel for the complainant submitted that the submissions made by the Counsel are incorrect and the applicant was, in fact, having an affair with other lady - 3 - and he had assaulted the complainant. 6. The learned APP has shown me the photographs of the victim complainant. The Medical Certificates also indicates that she had suffered fracture on her hand and there are injuries on her left leg. 7. Taking into consideration the allegations which are made in the complaint and the Injury Certificate which discloses that there is a fracture on her hand, in my view, this is not a fit case for grant of anticipatory bail. Hence, the application for anticipatory bail is rejected. 8. The applicant, however, is given seven days time to surrender before the appropriate court and file an application for regular bail. If such an application is filed, the same may be considered on merits and in accordance with law. The trial court shall not be influenced by the fact that the application for anticipatory bail is rejected. The appropriate court shall also consider whether the offence which is - 4 - allegedly committed by the applicant falls under Section 326 or 324 of the IPC. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)