Cri. Apln. No. 1834/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1834 OF 2011 Asaram s/o. Tulshiram Channe ....Applicant. Versus The State of Maharashtra & Ors. ....Respondents. Mr. A.M. Gaikwad, Advocate for applicant. Mr.G.R. Ingole, APP for respondents. CORAM : T. V. NALAWADE, J. DATED : 9th June, 2011. PER COURT : 1. This application is filed under section 438 of Criminal Procedure Code in Cr. No. 21/2011 registered with Pimpalner Police Station, District Beed for offences under sections 326, 323, 34 etc. of the Indian Penal Code. The APP has made papers of investigation available for perusal. Both the sides are heard. 2. It was submitted for the applicant that counter cases were filed about the incident and therein the applicant was also injured and on the complaint of applicant, crime is registered under sections 325, 323, 504, 506 r/w. 34 of the Indian Penal Code in the same police station at Cr. No. 23/2011. He has produced the record to show that he was indoor patient. Cri. Apln. No. 1834/2011 2 Police papers show that the incident took place due to some previous enmity. The persons of both sides assaulted each other. Allegations are made against the present applicant that he assaulted injured Rajabhau with sticks and fist blows. Even kicks were given on the abdomen of the complainant. The medical certificate shows that there was injury to spleen and spleenectomy (removal of spleen) was done. Due to this incident the crime is registered for offences under sections 326, 323, 504, 506 r/w. 34 of Indian Penal Code. Other co-accused were arrested and they are granted bail. However, in view of the seriousness of injuries and the allegations made against the applicant, it is not a fit case to grant anticipatory bail. There is sufficient material produced on record to make out prima facie case against the applicant under section 326 of IPC. In such cases, custodial interrogation also needs to be done. So the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1834/11