1appln-3489-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3489 of 2010 Yuvraj Narayan Wanjale vs. 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 V.V. Purwant, i/by Rajesh Tekale, Advocate for the Applicant. Mrs A. S. Pai, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 11TH AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this anticipatory bail application preferred by the applicant apprehending his arrest in C.R. No. 139/2010 registered with Warje Malwadi Police Station for the offence punishable under Sections 326, 323, 504 read with Section 34 of Indian Penal Code. 2. The alleged incident of assault on the complainant took place on or about 6th July, 2010. Said assault was on certain earlier 2appln-3489-10 enmity between the complainant - the injured and the present applicant-accused. On the day of incident, in the evening, the complainant was accosted as the present applicant by abusing him. On hearing such abuse, the complainant halted. However, by that time, other co-accused assaulted him. One co-accused by name Ankush inflicted a blow of Satoor on the head of the complainant. Another blow was also inflicted. However, the complainant tried to evade the said assault and in that process there was severely bleeding injury to his right hand. After such assault the complainant fell down on the ground sensing giddiness. Thereafter, according to the four eye- witnesses, present applicant, in association with another co-accused, assaulted the complainant by means of kick blows. This is the main role assigned to the present applicant. Apparently, from the date of the incident the applicant is evading his arrest. Other co-accused by name Ankush who used Satoor was earlier arrested and by this time released on bail by the learned Sessions Court. 3. During the arguments, learned A.P.P.for the State submitted that investigation is still in progress and the applicant is evading arrest. She further submitted that only at the instigation of the present applicant the incident occurred though the assault by means of Satoor 3appln-3489-10 is attributed to the co-accused Ankush. Considering the above circumstances, it would not be in the fitness of situation to grant anticipatory bail in favour of the applicant. However, he can be directed to surrender before the concerned Court and apply for regular bail and in the mean time he can be protected from arrest. In the result, the following order:- ORDER: (a) Applicant is directed to surrender before the concerned Court within ten days from today and apply for regular bail. (b) In the meantime, the applicant is protected against his arrest. (c) The learned Trial Court which will be seized of application for bail, shall deal with the said application according to the merits of the case without being influenced by any observations made in the present order so far as merits of the case as against the applicant are concerned. (d) Authenticated copy of the present order is expedited to the rival parties. Application is disposed of in above terms. (A.R.JOSHI,J) LRS-PA