..1.. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2422 OF 2009 Kailas Sahadev Nimhan & Anr. ….. Applicants V/s. The State of Maharashtra …. Respondent S/Shri Jagdish B. Choudhary, S.P. Kadam for the applicants. Smt. S.D. Shinde, A.P.P. for the respondent-State. CORAM : MRS. MRIDULA BHATKAR, J. DATE : 26th MAY 2009 (VACATION COURT) P.C. : The application for anticipatory bail is preferred for the offences punishable under section 394 read with 34 of Indian Penal Code. The incident of assault has taken place on 23rd April 2009 and it was a counter attack between the present applicant-accused and the victim. Both the parties have filed criminal cases against each other. The present applicant no. 1 has used knife and has snatched the gold chain on the person of the victim and applicant no. 2 has threatened and gave fist blows to the victim. The anticipatory bail application preferred before the Sessions Court ..2.. was rejected on the ground that the gold chain and the knife was to be recovered from the applicant. Thus, the anticipatory bail cannot be granted for applicant no. 1 which may create hurdle in the investigation. However, the case of applicant no. 2 is fit case to grant anticipatory bail. (a) The application of anticipatory bail of accused no. 1 is rejected. (b) Application for anticipatory bail of accused no. 2 is allowed with the following order : i) In the event of arrest of applicant-accused no. 2 be released on the bail of Rs. 10,000/- with one surety of the same amount. ii) He should not pressurize the witnesses and interfere in the investigation and will co-operate the police. iii) Breach of any condition mentioned above will be amount to cancellation of the bail (MRS. MRIDULA BHATKAR, J.)