1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4380 OF 2009 Shantidevi Bawarilal Mistri ....Applicant Vs. The State of Maharashtra ....Respondent ----- Shri Sandesh D. Patil for the Applicant Shri Y.M. Nakhwa-APP for State ----- CORAM: V.M. KANADE J. DATED: 5TH NOVEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant apprehends arrest in connection with an offence punishable under sections 363, 307,504,506(2), 148, 149 of the Indian Penal Code which is filed by filing a private complaint in the Court of the JMFC, Bhiwandi vide case No.M Case No.23 of 2007. 3. It is alleged that the complainant was assaulted with sword by Accused no.1 and the other accused had apprehended him. The Complainant was assaulted by the Accused No.2 and 3 with iron rod on his head. As a result of assault, he received grievous injury on his head and had to be admitted in the hospital. 2 4. The learned Counsel for the Applicant submitted that there is a gross delay of four months in filing the complaint. He submitted that the Complainant was in the hospital for about 14 days. He, therefore, submitted that he could have filed the complaint immediately thereafter. He further submitted that the entire allegations essentially are made against the husband of the Applicant. He, therefore, submitted that the Applicant be granted bail since her custodial interrogation is not necessary. 5. In my view, taking into consideration the allegations which are made in the complaint, there is direct allegation against the present Applicant that she caught hold the Complainant along with two other persons and the Applicant No.1 had assaulted the Complainant with sword on his head, as a result of the assault, the Complainant had received grievous injury and had to be kept in the hospital for 14 days. Though grievance was made that there is a gross delay of four months in filing the complaint, it appears that the said objection cannot be accepted since the Applicant, thereafter, was admitted in a private hospital by the police where he was given proper treatment and was thereafter operated in the said hospital and after the Complainant recovered from the said injury, he filed his complaint. Hence, taking into consideration these facts, no case is made out 3 for grant of anticipatory bail. Application for anticipatory bail is rejected, however, the Application to apply for regular bail in the Sessions Court. Interim order granted by this Court is vacated, however, 7 days' time is given to the Applicant to surrender before the concerned police station. 6. Application is disposed of. (V.M. KANADE J.)