1 CA3899/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3899 OF 2011 Zumber Namdev Ghorpade & Ors. Applicants V E R S U S The State of Maharashtra Respondent Shri S.S. Kazi, Advocate for the applicants Shri B.J. Sonawane, APP for the respondent / State Shri A.T. Kanawade, Advocate, Assist to APP CORAM : R.Y. GANOO, J. DATED : 16th November, 2011 PER COURT : 1. Heard learned Advocates for both sides. 2. The applicants apprehend arrest in CR No. I – 128 of 2011 of Sonai Police Station, District Ahmednagar in regard to the incident dated 27th August, 2011. 3. Perusal of the First Information Report would go to show that as many as 13 persons entered in a plot of land bearing No. 415 and the incident took place, where applicant No. 1 Zumber was armed with an axe and it was wielded on Uttam. Applicant Ashok was armed with an iron rod, whereas applicants Balasaheb and Amol were armed with hand-made pistol and threatened to kill Prayagabai. Uttam is said to have lost his chain in the said incident. The very fact that the applicants had gone alongwith others with preparation and duly armed with weapons is something which is serious. The custodial interrogation of the applicants would be necessary. It was contended that a cross-F.I.R. has been filed by applicant No. 2 Balasaheb, 2 CA3899/11 as according to him, in all 12 persons including Uttam had indulged in a crime. He even contended that some of the persons from the said batch of the accused have been granted pre-arrest protection. Learned Advocate for the applicants could not positively say that the applicants are granted final anticipatory bail. Looking to the role of the present applicants, I am inclined to observe that the custodial interrogation of the applicants is required. Hence, the application for anticipatory bail stands rejected. ( R.Y. GANOO, J. ) SRM/ca/3899/11/16/11/11