1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 83 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. H.S. Venegaonkar for the applicant. Mr. S.A. Shaikh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 15TH JANUARY 2010 P.C. : 1. Heard. 2. The applicant seeks pre-arrest bail in connection with C.R. No.I-96/2009 registered with Vadner Bhairav Police Station, District Nasik. 3. The prosecution case in short is that the applicant is the father of Pandit Raghunath Bhavar. The first informant Sahebrao Karbhari 2 Sonawane, Assistant Police Sub-Inspector had gone to the house of Pandit Bhavar for the purpose of arresting him in execution of a non- bailable warrant issued by the J.M.F.C., Pimpalgaon. At that time, all the family members including the present applicant assaulted the first informant and other two constables accompanying him. Even deadly weapons like an axe were used for the purpose of assault. The first informant received injuries on the neck and left wrist. Two constables were also injured. 4. Learned counsel for the applicant submitted that the police unnecessarily started assaulting the family members and therefore they were only defending themselves by way of a self-defence. They have filed counter- complaint against the police inspector and the two police constables, who were involved in the assault. The applicant and other family members have also suffered injuries and 3 therefore they have not committed any offence. Counsel further submitted that two lady members in the family have been granted bail and therefore the applicant deserves to be granted pre-arrest bail. 5. It may be noted that the applicant was absconding and could not be arrested. His presence for custodial investigation is necessary. Offence is of a serious nature inasmuch as there is assault on public servants performing public duty while executing the court warrant. 6. In the circumstances, the application is rejected. (D.G. KARNIK, J.)