jpc aba547-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 547 OF 2011 Abdul Rahim Bismilla ... Applicant Versus The State of Maharashtra ... Respondent Mr. R. K. Pathak a/w Mr. Sanjay Singh and Mr. E. B. Dixit for the applicant Mr. K. V.Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 27th June, 2011. P.C. : 1. Heard Mr. Pathak, learned advocate for the applicant and Mr. Saste, APP for the State. 2. I have gone through the F.I.R. The applicant has been mentioned as one of the assailants in the F.I.R. He is alleged to have given blow on the head of the victim by an iron pipe. The applicant prays for anticipatory bail. 3. The application is pressed only on the ground that the blow allegedly given by the applicant has not caused grievous hurt. 4. It is true that the grievous hurt that has been caused to the left forearm of the victim is a result of the blow given by the another accused. Mr. Pathak informs that, that co-accused has been granted bail by the Court of Sessions. jpc aba547-11.sxw 2 5. In my opinion, when the applicant can be said to be, prima facie, actively involved in the alleged assault, he should not be granted anticipatory bail merely because the fracture injury, which is said to be a grievous hurt, was not caused by the blow given by him. 6. The Anticipatory Bail Application is rejected. (A.M. THIPSAY, J.)