1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 328 of 2010 Nilesh Bhaskar Gaikwad ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Rahul S. Thakur for the applicant. Mr.Y.S. Shinde APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd February 2010 P.C. 1. Heard. 2. By this application, applicant seeks pre-arrest bail in connection with C.R. No. I-492 of 2009 registered at Panvel Police Station for an offence punishable u/s.326, 323,504 r/w sec.34 of the IPC. 3. The prosecution case in short is that on account of a dispute arising out of the watering the recently constructed compound wall, the applicant and his brother assaulted the complainant with wooden sticks. The complainant was rescued by his wife and son from the assault, but before he could be rescued applicant and his brother had hit the 2 complainant on his head as well as on the arm. His arm was broken. The incident took place at about 10.00 p.m in the night of 11th December 2009 and FIR was lodged on the next day after the medical treatment. 4. Learned APP submits that the stick used by the applicant for the assault is yet to be recovered. Apart from the complainant himself. There are two other eye witneses to the crime. In the circumstances, Custodial Interrogation of the applicant appears necessary. Hence applicant does not deserve to be granted pre-arrest bail. Application is accordingly rejected. (D.G. KARNIK,J.)