1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3724 OF 2009 Murlidhar Pannalal Bhutada and others APPLICANTS VERSUS State of Maharashtra RESPONDENT Mr.Satyajit Bora, learned counsel for the applicants. Smt.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 09/11/2009 PER COURT : 1. By the present application, the applicants are praying for anticipatory bail for releasing them on bail in the event of arrest in connection with crime registered in Talwada Police Station, Beed vide CR No.99/2009 for the offence allegedly punishable u/s.307, 323, 324, 325, 147, 148, 504, 506, 149 of The IPC, Section 3(1)(X) of the SC and ST (Prevention of Atrocities Act), Section 4, 25 of The Arms Act and Section 135 of The Bombay Police Act. 2. Heard learned counsel Shri.Satyajeet Bora for applicants and learned APP appearing for the State. 2 3. During the course of submissions, my attention is drawn towards the contents of the FIR which was lodged mentioning the names of these accused by one Yashwant Bansi Rathod. On the basis of said complaint, an offence was registered vide CR No. 99/2009 in Talwada Police Station, Dist. Beed. It is alleged in the said complaint that these applicants alongwith others on 02/12/2009 reached near the residential premises of the complainant and it is alleged that as the case was registered against them on the basis of the allegation made by the complainant and they were insisting to withdraw the case. These applicants and others attacked the complainant. During the attack, applicant no.1 assaulted the complainant with the help of axe, while applicant no.2 assaulted the sister in law of the complainant with sword. According to applicants, these allegations in the complaint are false. 4. During the course of submissions across the bar, papers of investigation are placed in my hand including the injury certificates issued in the name of Yashwant Bansi Rathod, who has made an allegation against the applicant no.1 that applicant no.1 assaulted the complainant with the help of axe in his hand. The injury certificate shows the injury caused by hard and sharp object, as well as hard and blunt object, but the nature of injury is simple one. So far as the injury certificate in respect of Walabai Rathod is concerned, the certificate shows that the injuries were caused due to hard and sharp object. The said act of beating can not be said only by hard and blunt object, but by sharp object. Considering the 3 nature of injuries so far as complainant Yashwant Bansi is concerned, as well as the nature of injuries sustained by Walabai is concerned, are simple in nature, but it is not mentioned in the medical certificate. But Walabai is referred for further treatment to the Civil Hospital, Beed. In the premise, considering the nature of injuries and disclosure of the names of these applicants as well as the role played by other accused, no case is made out to grant anticipatory bail if they are arrested in connection with the offence. No merit in the application. Application is rejected. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3724-09