1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3419 OF 2009 Parmeshwar S/o Vishwanath Nalage and others Versus The State of Maharashtra and another *** Mr. R. J. Nirmal, Advocate i/b Mr. S. J. Salunke, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 16th OCTOBER, 2009. 1. Heard learned counsel. The accused/ applicant seeks pre-arrest bail in Crime No.85 of 2009, registered at Partur Police Station. According to the learned counsel, an incident dated 7th September, 2009, has indeed taken place early in the morning with one of the applicant No.1 Parmeshwar Vishwanath Nalage and he suffered a fracture. Counsel submits, to counter the said FIR subsequent FIR belatedly lodged vide Crime No.85 of 2009, making false allegations. 2. Contention in the subsequent FIR, subject 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. matter of the present application, indicate an incident having taken place on 7th September, 2009 in the morning which connects to the affairs referred by Parmeshwar Nalage. The injured Vishnu Sahebrao Vaidya in unmistakable terms implicate the present accused/ applicants with their specific role. Applicant No.1 Parmeshwar is attributed to have assaulted with an axe at his head, This is primarily supported by a certificate of Civil Surgeon showing head injury associated with fracture of Ulna and treatment is going on, patient is in-door. Considering these aspects, since recovery is desired, release of juvenile on bail, at this stage, will not be a parameter to consider the exercise of powers under section 438 Cr.P.C. Consequently, application rejected. [K. U. CHANDIWAL, J.] Dated:16/10/2009. ans/3419