IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4400 OF 2008 CRI.APPLICATION NO.4400 OF 2008 CRI.APPLICATION NO.4400 OF 2008 Shri Dashrath Lodhu Patil, .. Applicant Vs The State of Maharashtra, .. Respondent Mr S.D.Patil i/b Mr.Shivraj R Patil, for the applicant. Mr Y.S.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 11/12/2008 DATE : 11/12/2008 DATE : 11/12/2008 PC: PC: PC: 1. Heard Mr.Patil, learned counsel for the applicant and Mr.Shinde, learned APP, for the State. 2. The applicant is seeking anticipatory bail in C.R.No.I-189 of 2008 of Wada police station, Dist-Thane. The said crime has been registered against the applicant and seven others for having allegedly committed an offence punishable under sections 147,148,149,323 and 326 of IPC. 3. It appears that there was a fight between two groups on 24.10.2008 at about 7.50 - 8 pm. Both have lodged complaints against each other. The applicant’s son lodged a complaint, bearing C.R.No.190 of 2008 against the complainant’s group in the instant C.R. The seven accused in the instant case have already been granted bail. I have perused the FIR. The allegation against the present applicant is that he assaulted the complainant - Nilesh Patil on the wrist of his left hand. I have perused two medical certificates placed on record. The first certificate is issued by the Rural Hospital, Wada, Dist.Thane on 24.10.2008 at 9.10 pm and the other certificate is issued by the KEM Hospital, Parel, Mumbai, on 25.10.2008 at 2.15 am. The second certificate is issued within less than six hours from the date and time of the first certificate. The first certificate shows five injuries and, except one, all other injuries are described as simple injuries. The certificate issued by the KEM Hospital shows only one injury and it is on the head of Nilesh Patil. The said injury is described as grievous. Looking to the nature of allegations made against the applicant by the victim, the said injury cannot be attributed to him. Keeping that in view and considering overall facts and circumstances of the case, I am inclined to grant this application for anticipatory bail. Hence, the following order. . In the event of arrest, the applicant be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to condition that he shall report to the concerned police station every Saturday between 7 and 8 pm for a period of six months. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)