1 ABA 251-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY APPLICATION NO.251 OF 2011 Mukesh Krishnachandra Thakur ..Applicant V/s. The State of Maharashtra ..Respondent Mr.S.P.Kadam i/b.Mr.K.M.Mhatre, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27TH APRIL, 2011 P.C. . Heard the learned Counsel for the respective parties. After the Order was passed on 7th April, 2011, allowing applicant's application for anticipatory bail, but before the Order could be signed, the learned APP pointed out that the victim had in fact serious injuries & fracture of various bones of the skull. The matter was re-heard. The victim indeed has grievous injuries. The Order dated 7th April, 2011 mentions that injury certificate made available by the learned APP for my perusal does not show 2 ABA 251-2011 grievous injuries this was because the victim did not have grievous injuries. Even so as rightly pointed by the learned Counsel for the applicant injured person that Vijay Kadam intervened in an assault which had already taken place and in which Vijay Jha had been injured. Thereafter, the applicant Mukesh Thakur is alleged to have hit Vijay Kadam with a chopper. The injuries which have been observed by the Medical Officer are inflicted with hockey stick which was launched by co- accused Akhilesh. Thus, the grievous injuries which are caused to Vijay Kadam are attributable to Akhilesh and not to the present applicant. Applicant was not a part of unlawful assembly. Considering the role attributed to the applicant in the injuries caused to Vijay Kadam and absence of serious injuries to Vijay Kadam, the Order dated 7th April, 2011 is confirmed. (R.C.CHAVAN, J.) 3 ABA 251-2011