{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3959 OF 2009 Sunil s/o Laxman Patil APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr.D.B.Thoke, Advocate for applicant Mr.N.B.Patil, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 4th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.264/2009 registered with Parola police station for an offence punishable u/s 394 of the IPC. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. Perused the papers of investigation, carried out till today. 3. Considering the submissions, advanced across the bar, it is necessary to consider as to whether there is any false implication of the applicant in the alleged offence. The said offence {2} appears to be registered in respect of an incident occurred in the night between 14th and 15th October 2009. The said compliant clearly discloses not only the name of the applicant, but also the role played by him. The allegations in the complaint clearly disclose that the motor bike of the complainant was stopped by the applicant and his associate and thereafter, after initially abusing, he was robed of cash and golden ornaments. 4. It is urged that there is delay in filing the complaint, when the police station is at a distance of 5 minutes form the place of incident. It is also urged that the applicant and his associate belong to Shiv Sena Party while the complainant belongs to rival political party. Considering the facts disclosed in the compliant, it prima facie appears that the political rivalry has nothing to do with filing of the present compliant. It is brought to my notice that apart from the present offence, there are criminal antecedents to the credit of the present applicant. In the premise, this is not a case where this Court can exercise discretion u/s 438 of the Criminal procedure Code in releasing the applicant on anticipatory bail. 5. In the result, the application stands rejected. [A.V.POTDAR, J.] drp/criapln3959-09