1 1 1 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.4093 OF 2008 Rajesh Pandurang Desale & Ors. .. Applicants. Vs. The State of Maharashtra .. Respondent. Mr.R.D.Suryawanshi for the applicants. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in C.R.No.I-35/2008 of 2008 of Kinhavali police station, Dist.Thane. The said crime has been registered against the applicants and 14 others for having allegedly committed an offence punishable under sections 326, 451, 147, 148, 149, 323, 427 r/w 34 of the IPC and section 37(1) and 135 of the Bombay Police Act. It is the case of the prosecution that on 10.10.2008 at 8 pm the present applicants and 14 others allegedly assaulted Balkrishna Hari Pawar on account of previous quarrel. 2 2 2 3. In an FIR it is stated that all the accused persons assaulted the complainant and his friends on the date and time of the incident. I perused the injury certificate of the complainant. He sustained 4-5 injuries and almost all are simple in nature. Even the injury which is described as grievous does not appear to be serious. Moreover, Mr.Suryawanshi, learned counsel for the applicant submitted that applicant no.1 was apprehending, that the complainant - Balkrishna Pawar would file false complaint against the applicants and others and that he had made such grievance in writing to the said police station against the complainant just ten days prior to the incident in question. Keeping that in view and considering the nature of allegations against the applicants and the background against which the incident occured I am inclined to grant this application for anticipatory bail: . In the event of arrest, the applicants to be released on bail in the sum of Rs.15,000/- each with one or two sureties to make up the said amount subject to condition that applicant no.1 shall report on every alternate day between 7 and 8 pm and applicant nos.2 3 3 3 and 3 shall report on every alternate day between 9 and 10 am to the concerned police station for a period of two weeks from today and thereafter all the applicants shall report to the concerned police station on every alternate Sunday between 9 and 10 am till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)