IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.808 OF 2011 Shri Sharad Subhash Patil -- Applicant V/s. The State of Maharashtra -- Respondents Shri P.G. Sarda, for the Applicant Shri Y.S. Shinde, APP, for the Respondent No.1 CORAM :- J.H. BHATIA, J. DATE :- 28th September, 2011. P.C. 1. Heard. 2. The Applicant seeks Anticipatory bail in Crime Registered No.132 of 2011 registered with Barshi Police Station for the offences punishable U/s.326,325,147,148,149 & 504 of Indian Penal Code. 3. From the copy of First Information Report and the copy of order passed by the Sessions Court which are filed along with this application, it appears that the first informant Vijaysingh Shridhar Patil, is employed at the Jagdale Mama Hospital, Barshi as Sanitary Inspector, it was his responsibility to allot the duties to other employees of the hospital in respect of Sanitary department. The Applicant was one of the such employees. 4. On 27th June, 2011, Vijaysingh Patil was on duty from 7 a.m. to 2 p.m. At 1 p.m. he was assigning duty t the concerned employees. At that time one Suresh Bapurao Patil alongwith four others including the present Applicant Sharad Subhash Patil, approached Vijaysingh Patil and began to abusing, saying that he did not know how to allot the duties not only that he provoked and insulted Vijaysingh Patil telling him that, if you are unable to allot the duties, he should send the wife to said Suresh Patil. Having said so, Suresh Patil and companions including present Applicant seriously assaulted with sticks and iron rods etc. Because of which he suffered several injuries on the parts of his body and also on the private part. He suffered serious injuries and upon which he became unconscious, thus an attempt was made to kill. He was taken to Dr. Burgute’s hospital in unconscious condition. He regained consciousness on the next day. It appears that he was admitted in hospital and he became fully conscious on 8th July, 2011, when the F.I.R. was recorded giving all the details. 5. The learned counsel for the Applicant contends that, there is no medical certificate to show that Vijaysingh Patil has suffered any fracture, therefore, Section 326 cannot be applied. He also contends that there was delay in lodging the report and that nothing is recovered from the Applicant and therefore, custodial interrogation of the Applicant is not required. 6. As far as delay in registration of offence is concerned that is explained in F.I.R. itself, because the injured had became unconscious because of several injuries and particularly the pain to his private part specific role of assault by stick was attributed to the present Applicant in the F.I.R. When a group of person armed with sticks, iron rods etc. come prepared and assault, they are to be held jointly responsible for the acts done by them U/s. 34 or Sec.149 of I.P.C. The way in which the accused persons assaulted Vijaysingh Patil only because they were not satisfied with the allotment of duties could not be appreciated. If, in such cases anticipatory bail is granted it would only encourage the people to became unreliable and make the working at any place of work may be hospital, industries or offices very difficult. 7. In my opinion, this is not the fit case to grant anticipatory bail. 8. Therefore, the application stands rejected. ( J.H. BHATIA, J.)