- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2447 OF 2010 Sunil Shivram Bhagat ... Applicant vs State of Maharashtra ... Respondent Mr.P.R.Arjunwadkar i,b Mr.Hemant Patil for Applicant Mr.M.R.Tidke APP for State ... CORAM: MRS.MRIDULA BHATKAR,J (Vacation Court) DATED: 17th May, 2010 P.C. Heard. Leave to amend. 1. This application is filed challenging the order passed by the Additional Sessions Judge,Kalyan on 7.5.2010. The incident of assault is taken place on 12.4.2010 at around 2.30 p.m. The applicant-accused is a Corporator of Badlapur Municipal Corporation. After the elections of Badlapur Municipality, the applicant-accused was elected and by way of celebration a procession was taken out. When it reached near the house of the complainant, altercation took place between the complainant and - 2 - the applicant accused. This led to physical assault on each other. The complainant lodged an FIR against the said assault on him and on his wife with the Badlapur (West) police station. Similarly, one Vithal Fulovare lodged a counter FIR against the complainant and his associates. 2. It is contended by the counsel for the applicant-accused that it was a sudden attack and the complainant and his associates had initiated attack on the members in the procession. They used swords and other weapons with intention to kill. Vithal Fulovare though his fingers were cut could successfully avoid further assault. It is submitted that the complainant has made false allegations against the applicant accused and his associates. He argued that though the police have registered a case under section 307 of the Indian Penal Code against the applicant accused, the injuries sustained, definitely indicate of a lessor offence viz.326. 3. The learned A.P.P. opposes the application. 4. No doubt it is a matter of counter attack - 3 - between the two parties. However, a sword was used in the attack. The incident has taken place on 12.4.2010. No protection was granted by the Sessions Court to the applicant accused and yet till now, the Investigating Officer could not lay hands over th3e applicant accused. If a political leader is involved in such offences like assault it is always difficult for the police to get the witnesses on the point of the incident. The order passed by the Additional Sessions Judge, Kalyan is a well reasoned order. No interference is required in this order. Hence, it is not a fit case to grant anticipatory bail. Mrs.Mridula Bhatkar,J - 4 -