1 apln3182-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3182 OF 2010 Mahesh Pal. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.Arjun Kode, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 04TH AUGUST, 2010 P.C. 1. Heard rival submissions for sometime on this application for regular bail preferred by the applicant for his release during pendency of the Sessions Case for the offence punishable under Section 326 read with Section 34 of Indian Penal Code. 2. Prima facie name of the present applicant is appearing in the FIR which was lodged immediately on the next day when the injured applicant was taking treatment in the hospital. On the earlier night, he was accosted by the present applicant and his three other associates and was threatened 2 apln3182-10 and was allegedly told that he has to now face the consequences for giving evidence against them in another Court matter. The role assigned to the present applicant is that of use of knife and stabbing the injured on his abdomen. Similarly such role is assigned to other three co-accused. After the assault, all the four accused including the present applicant, ran away. The injured complainant fell on the ground in severely injured condition with bleeding injuries. He was taken in a autorikshaw to the nearby dispensary, thereafter admitted to KEP hospital. Then, he gave his FIR. 3. Initially all the accused were not available. Now also other three co-accused are still absconding. Present applicant initially preferred an application for anticipatory bail before the concerned Sessions Court. However, it was rejected. Subsequently present applicant surrendered before the Sessions Court and filed application for regular bail. Said application was rejected by the Additional Sessions Judge, Dindoshi, Goregaon vide order dated 30th June, 2010. 4. During the arguments, it is tried to argue that even if 3 apln3182-10 accepting the role assigned to the present applicant as to inflicting injuries on the body of the victim, Section 326 may not be attracted. On the contrary, there is allegation that the injured was stabbed on his abdomen, on his hands and also on the right side of his chest. Of course, it is for the concerned Sessions Court to deal with the matter of framing of the charge and whether there is application of Section 307 of IPC in the present matter. Suffice it to say at this juncture of the present application for bail that it is not a fit case in which the applicant can be released on bail during pendency of the investigation as even the chargesheet is yet to be filed and other co-accused are still absconding. In the result, present application is disposed of with following order :- :: O R D E R :: [i] Criminal Application No.3182 of 2010 for regular bail is rejected. (A.R.JOSHI,J.) PPD 20.apln3182-10