1. SAJJAD ALI SHAH, J.---Through this application applicant/accused Eidan son of Noor Muhammad Shaikh, seeks bail in A Crime No,15 of 2007, of Police Station Mangli under sections 337-A(i), (ii), F(i), L(ii), 504, 34, P.P.C.
2. ' The precise allegation against the applicant/accused is that he caused lathi below on the head of the complainant.
3. ' Learned counsel for the applicant contends that various injuries have been caused to the complainant attributed to applicant and other two co-accused and it is yet to be determined that which of the injury has been caused by which accused. It is next contended that since the offence does not fall within the prohibitory clause, therefore, the applicant is entitled to the concession of bail.
4. ' On the other hand learned State counsel has opposed the grant of bail and has contended that specific role of causing, lathi blows has been assigned to the present accused duly supported by medical evidence and motive is also evident from the F.I.R. Therefore, no case of bail is made out and the application is liable to be rejected.
5. ' I have heard learned counsel and perused the record.
6. It appears that specific role of causing lathi blow on the head of the complainant has been assigned to the present applicant/accused which is also supported by medical evidence which reflect lacerated wound of 4 c.m. x 3 mm scull deep bone visible caused by a hard B and blunt substance. No malice, ill will or mala fide has been attributed to the police. In the circumstances no case of bail before arrest is made out.
7. ' The application is dismissed.