1 CRI.APPLN.NO.4930/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4930/2010 (Baban s/o Haribhau Maharnor and Ors. Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SG Chapalgaonkar, Adv. for applicant; Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 6 th January, 2011. ... 1) Heard extensively. 2) Discretion in terms of Section 438 of Cr.P.C. for pre-arrest bail in the offence under Sections 147, 148, 149, 326, 324 and 323 of IPC in CR No. 65/2010 of Chaklamba Tq. Georai police station, is sought. 3) Learned Counsel for the applicant submits, indeed in an incident dated 4.9.2010, it was the applicants, who suffered brutal attack from the other side, consequently they lodged F.I.R. against the rival group on 12.09.2010. It was as a counter-blast, the subsequent F.I.R. is lodged by the rival group by Maruti Natha Dhone on 18.9.2010 and the applicants are falsely implicated. 2 CRI.APPLN.NO.4930/2010 4) Though several submissions are advanced, it is explicit that the statements of witnesses prima facie implicate all the accused/applicants branding their specific role. Haribhau used cycle- chain; Patilbuwa used stick; Baban had with him stone and even inflicted injury by using sword; Badam had used sickle; Rajendra was also holding a stick. 5) Medical evidence of the injured are tendered by learned APP, which also correspond to the nature of injuries that could be occasioned due to user of the above referred weapons. 6) It cannot be said that the prosecution against the applicants/accused is a persecution as a counter blast. The medical evidence speak volumes against the conduct of the applicant/accused coupled with the statements of witnesses. No case to exercise discretion. Application rejected. (K.U.CHANDIWAL) JUDGE bdv/