1 criapln2223-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2223 OF 2011 Shaikh Ejaj Kasam .. APPLICANT Vs 1] The State of Maha. 2] The Supdt. of Police .. RESPONDENTS ... Shri N.C.Garud, Adv.for applicant. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 11/07/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No- I-98/2011 registered in Kotwali police station, Dist.Ahmednagar for offence punishable u/ss. 329, 143, 147, 148, 149 of I.P.C. Papers of investigation with report of investigation officer are made available by A.P.P. Heard both sides. 2] Crime is registered on the basis of report given by one Rauf Syed. Report was recorded in hospital as he was admitted due to injuries sustained in the incident. He has made allegation that on the 2 criapln2223-11 date of incident, when he intervened the incident of quarrel which was between his nephew Samir and accused Nadim. Accused became angry and they returned to his house after some time. He has made allegation that Babu Shaikh used sharp weapon against him on his head and others including present applicant used sticks and they gave beating to him and his nephew Samir. Papers of investigation show that there are statements of witnesses and the injury certificate in respect of Rauf shows that he was indoor patient from 21/3/11 to 25/3/11 as there was head injury of 6x1.1.5 cm. Two injuries were sustained by Samir and they were on hands. He was also indoor patient from 21/3/ to 26/3/11. Though the injuries are not described as grievous in the injury certificate, at this stage, custodial interrogation is necessary as there are allegations that weapon like stick and sharp weapons were used. It appears that by mistake offence u/s 329 of I.P.C. is shown in F.I.R. when the correct offence can be either U/s 324 or 326 of I.P.C. It is not fit case for granting anticipatory bail. So application is rejected. Interim relief if any granted stands vacated. [T.V.NALAWADE,J.] umg/criapln2223-11