IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.2318/2009 [Rajesh Kripashankar Mishra..vs..State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 3rd July, 2009 Heard Shri Khandewale, advocate, for the applicant and Shri Sonare, APP, for respondent State. This is an application for the offence u/s 438 of Cr.P.C. for grant of bail. Learned counsel for the applicant has submitted that the recovery of the knife has already been made from the accused Bablu, who has already been arrested and therefore, the case against the present applicant that he was possessing knife is false. It is also his submission that applicant incidently was in the adjoining shop where the incident took place and he had gone there (to spot of incident) to solve the dispute between the said Bablu and the complainant. The learned APP through the contents of the case diary has submitted that the knife was not recovered from the said Bablu and in fact “fighter” and ‘pipe’ are recovered and the knife is yet to be recovered from the applicant. Considering the circumstances of the case and the allegations against applicant, it is not possible to grant anticipatory bail. However, liberty to the applicant to move the trial Court for appropriate relief. Three days time granted to surrender. Interim order to continue till 7th July, 2009. Application stands disposed of. JUDGE Rvjalit.