{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4571 OF 2009 Shri Mauli s/o Waman Saruk Age-27 years, Occ-Business R/o Wadachiwadi, Tq-Shirur Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.K.D.Bade Patil, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 13th January 2010 PER COURT: 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.86/2009 registered with Chakalamba police station Tq-Georai for an offence punishable u/s 326, 504 and 506 r/w 34 of the IPC. 2. Interim protection is granted to the applicants vide order dated 04.01.2010. 3. Heard learned counsel for the applicant and learned APP. 4. It appears that the said offence came to be registered on the basis of a complaint lodged by one Ajit Khedkar. It appears {2} that after lodging of the complaint, the complainant was referred for medical examination on the same day. The injury, described in the medical certificate, is of a simple nature. It appears that the medical examination was conducted after 15 hours of the lodging of the FIR. It also appears that in respect of the said incident, another complaint is also filed by the mother of the present applicant alleging that on the aforesaid date and time, the complainant along with his associates had been to the Dhaba run by her for dinner and after dinner when bill was asked for the complainant attacked the applicant and the waiters. 5. It appears that cross complaints complaints are filed of the said incident. In the complaint lodged by the mother of the applicant it is alleged that when bill was demanded the complainant took out the quarrel. On the contrary, in the present complaint there is no whisper that the complainant has paid the bill. Considering the facts, it is a fit case where discretion u/s 438 of the Criminal Procedure Code can be exercised. 6. In the result, the application is allowed. The interim protection granted on 04.01.2010 is hereby confirmed. This protection to remain in force for the further period of 12 weeks within which time the applicant may apply for regular bail. [A.V.POTDAR, J.] drp/A10/criapln4571-09