ABA-480-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.480 OF 2011 Badruddin Saeed Khan @ Baddu & Anr. ... Applicants V/s. The State of Maharashtra, Thru' Shivaji Nagar Police Station ... Respondent Mr. Shaikh Mohammad Imran for the Applicants. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 10 TH JUNE, 2011. P.C. : 1. Heard Mr. Shaikh Mohammad, the learned Advocate for the Applicants, and Mr. Saste, the learned APP for the Respondent. 2. The main contention advanced by the learned Advocate for the Applicants is that the allegation of an offence punishable under Section 326 of the IPC is without basis in as much as, there is no material to indicate that any grievous hurt was caused to the victim. Indeed, on going through the papers available with the Investigating Officer, it appears that there is nothing to indicate that the hurt caused to the victim could be termed as 'grievous hurt'. It also appears that no blows were given on any vital part of the body of the victim. As a matter of fact, Mr. Shaikh Mohammad himself submits that the co- accused-Kamaruddin, who was arrested in this case and whose case is on par ABA-480-11.sxw 2 Dixit with that of the Applicants, was released on bail by the learned Magistrate holding that, prima facie, the offence disclosed was not falling under Section 326 of the IPC. He, therefore, urges that anticipatory bail be granted to the Applicants. 3. I find that the Applicants were not available to the Police for quite some time and that the present application for anticipatory bail has been moved only after the co-accused was released on bail. Since the grant of anticipatory bail is discretionary, considering this conduct of the Applicants, I am not inclined to grant anticipatory bail to them. The contention that there is no grievous hurt caused to the victim and that consequently no offence punishable under Section 326 of the IPC can be raised by them before the Magistrate. Nothing prevents them from seeking bail from the Magistrate on the ground of parity. 4. At this stage, Mr. Shaik Mohammad seeks permission to withdraw the Anticipatory Bail Application saying that the Applicants would surrender themselves and file an application for regular bail before the Magistrate. He submits that a direction be given to the Magistrate to decide the Bail Application, if made, expeditiously. As every Bail Application needs to be decided expeditiously, I do not find it necessary to give any such direction. 5. The Anticipatory Bail Application is allowed to be withdrawn and stands dismissed as such. [A.M. THIPSAY, J.]