1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3152 of 2009 Gopalrao v. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr J.Y. Ghurde, Adv for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, J Dated : 15th September 2009 1. Applicant is seeking pre-arrest bail in crime No. 144/2009 registered with Police Station, Amravati under Sections 143, 147, 148, 149, 326 of the Indian Penal Code. Heard learned counsel for the parties. 2. Learned counsel for applicant contends that in the First Information Report allegations as to the possession of axe are against Nandu and Pandurang. Thus, statement of complainant Bhaurao recorded on 5.8.2009 that applicant was holding axe, is clearly after-thought. He submits that applicant hails from a reputed family and, therefore, anticipatory bail may be granted in favour of the applicant. 3. Learned Additional Public Prosecutor, on the other hand, submits that applicant was party to unlawful assembly. He submits that statements of complainant, wife of complainant, his son and five other persons have been recorded during the course of investigation and all of 2 them have stated that applicant was armed with axe and assaulted complainant with axe. 4. Medical examination and report shows that there was incised wound and contusion caused by hard and sharp object. It is no doubt true that injured was discharged within three days. However, looking to the participation of applicant, it would not be proper to bypass the regular Court. When the Court expressed its mind, learned counsel for applicant submits that applicant would surrender before regular court within a stipulated period and would apply for bail. He prayed that suitable order may be passed to that effect. 5. In the result, interim anticipatory bail granted to applicant vide order dated 7th September 2009 is extended upto 25th September 2009 on the same terms and conditions. In the mean-time, applicant may surrender before the regular Court and apply for bail on merit. In the event such an application is made, regular Court shall consider and decide the same on its own merit in accordance with law. It is made clear that order granting/extending bail shall cease to operate at the end of 25th September 2009. Application stands disposed of accordingly. Hamdast granted. Judge. hsj