(1) CR.APP. 2090.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2090 OF 2009 Ganesh S/o Mahadev Thorat Age : 30 years, Occu.: Agri., R/o Panchsheel Nagar, Beed, Tq. District Beed .. Applicant Versus 1] The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurnagabad) 2] The Deputy Superintendent of Police, Beed, Dist. Beed .. Respondents Mr. R.S. Shinde, Advocate for the Applicant Mr. J.S. Gavane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 7TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no. 49 of 2009 registered at Chaklamba Police Station, Dist. Beed dated 19.5.2009. The applicant and others were charged under section 143, 147, 148, 149, 323, 506 IPC and under section 25(1) (3) of the Arms Act. (2) CR.APP. 2090.2009 2] The complainant in his complaint said that at about 4:00 pm on 19.5.2009 the applicant and others came to him in two vehicles. They attacked him and bet him up with kicks and fists. The applicant and his companion Rajendra had a pistol like weapon in their hands. They brandishing the weapon, put that weapon at the head of the complainant and threatened him. The complainant stated that hearing his alarm, his friends rushed to rescue him and seeing them coming to the spot, the applicant took the weapon in his hand and went to his vehicle. Thereafter all of them boarded the vehicle and left the spot. The injury certificate supports the case of the complainant that he was beaten up. Other six accused in this case were arrested and were released on bail. The applicant somehow avoided arrest. The only non-bailable offence alleged against the applicant and other accused, is punishable under section 25 of the Arms Act. The complainant specifically mentioned that it was the applicant who took the pistol like weapon in his hand and boarded the vehicle. 3] Learned Advocate appearing for the applicant tried to assert that on the very day the applicant was admitted to a hospital where the Doctor, examined him with C.T. Scan and he was discharged on 20.5.2009. This plea of alibi is very (3) CR.APP. 2090.2009 weak and cannot be considered seriously. If the other accused were arrested, the applicant cannot escape the same fate. Besides the role attributed to him is more serious. 4] The Criminal Application stands rejected. Sd/- (A.V. NIRGUDE, J.) arp/7july9/cr2090.09