1 Cri-A-667-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 667 OF 2011 Machindra Kaka Sawant ... Applicant vs. 1. Ramchandra Kaka Sawant ) 2. The State of Maharashtra ). Respondents Mr. M.S. Mohite, i/b S.C.Raje, Advocate, for the applicant. Mr.Pradeep Gole, Advocate for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 27th September, 2011. P.C. 1. This application is filed by the original complainant for cancellation of anticipatory bail granted to the respondent/accused No.1 in Crime No.37 of 2011 registered with Mhaswad Police Station for the offences under Sections 232, 326, 504 and 506 of IPC. 2. Heard the learned Counsel for the parties. Perused the relevant record. Accused/respondent No.1 is brother of the applicant. According to the applicant, a decree was passed in his favour by the Civil Court in respect of certain immovable property. When the applicant went to the spot along with the 2 Cri-A-667-11.sxw officers of Revenue Department and the Court Bailiff for the purpose of execution of the decree, the accused first assaulted him with kicks and first blows and then brought a knife and assaulted him and caused two injuries,one on the shoulder and another on the left side of the chest. He was immediately taken to a private hospital and then to Government hospital. Then he lodged a report of the offence. 3. The learned Sessions Judge, Vaduj, granted anticipatory bail to the accused by order dated 27.6.2011 with direction to the accused to attend the police station on every Sunday for four weeks. The record reveals that both the injuries were simple by nature. There was neither any fracture nor there was any internal injury on the chest. Therefore, prima facie case under Section 326 of IPC is not made out. The learned APP, on instructions from I.O. makes a statement that the weapon of offence has also been recovered. In view of these circumstances, custodial interrogation of the accused is no more necessary. Therefore, I do not see any justification for cancellation of anticipatory bail which is already granted by the Sessions Court. However, as the charge-sheet is not field, it will be necessary to put certain conditions on the accused. 4. This application for cancellation of anticipatory bail stands rejected. 3 Cri-A-667-11.sxw However, the accused shall attend the police station on everyday at any time between 6 p.m. to 8 p.m. till filing of the charge sheet and shall not commit any violence or any offence in case the applicant seeks to execute the decree in his favour, though he will be at liberty to take objections to the same as per law. (J.H.BHATIA,J.)