1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4046 OF 2010 Bhujang S/o Parashram Bhalerao and others ..APPLICANTS -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. V.D. Sapkal, Advocate for applicants. Mr. N.H. Borade, A.P.P. for respondents. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 13 th October, 2010. PER COURT : 1. The application is for anticipatory bail. The applicants apprehend their arrest in connection with Crime No. 110/2010 registered at Purna Police Station for the offence under Sections 307, 323, 504 and 506 r/w 34 of the Indian Penal Code. 2. Heard learned Advocate for the applicants. 3. Perusal of the F.I.R. purports to show that on 27.06.2010 at about 1 p.m. the applicants went to agricultural land of the informant. They were armed with sticks and axes. They alleged that cow boy of informant had grazed cattle in their agricultural land and thereafter immediately assaulted the 2 informant and his brothers. 4. The learned Advocate would submit that the informant and other victims did not receive any fracture injuries but the learned Sessions Judge has misread the medical certificate pertaining to the injured, by name, Laxman Jabde. He would submit that the observations in the order dated 21.09.2010 rendered by the learned by the learned Adhoc Additional Sessions Judge are incorrect and improper. He would further submit that the counter complaint was filed by the applicants, and therefore, they have been falsely implicated in this case. I find it difficult to countenance the arguments of the learned Advocate. First, it appears that the informant received contusion lacerated wound on his occipital region and contusion on left thigh, injured Pandurang Jabde had received contusion lacerated wound on right occipital region and contusion over scapular region, injured Vithal Jabde had received two contusions on left and right side of scapula region and injured Laxman Jabde, as observed by the Court of Sessions, had sustained fracture on left temporal region and contusion over right muscle. There is no copy of injury certificate placed on record to show that such observations of the learned Court of Sessions are incorrect and injury certificate was misread by the Court of Sessions. Apart from that the nature of injuries by 3 itself may not be decisive of the intention and the conduct of the applicants along with their acts will have to be taken into account while determining the nature of the criminal liability. It, prima facie, appears that the injured persons and the informant were subjected to assault at the hands of applicants, and therefore, it can not be said that they have been falsely implicated in this case and/or that their arrest can be humiliated without any reason. No substance in the application and as such it is dismissed. (V.R.KINGAONKAR) JUDGE gas/cri4046.10