1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION CRIMINAL APPLICATION NO.2028/2009 Sharad Shivdarshan Birajdar Applicant Vs. State of Maharashtra Respondent Mr.Priyutosh Tiwari,i/b Mr.A.M.Sarogi for the applicant Mr.H.J.Dedhia,APP for State CORAM:MRS.MRIDULA BHATKAR,J. (VACATION COURT) DATE : 25th MAY,2009. P.C. . This anticipatory bail application is preferred by the applicant for the offences registered against him punishable under sections 143, 144, 145, 147, 148, 149, 307, 324, 353, 332 , 336,337,338,435,436, 437 read with section 34 of the Indian Penal Code read with Section 37(1)(a)(3) 135 of the Bombay Police Act. 2] It is contended by the learned counsel for the applicant that there is nothing incriminating regarding the participation of the applicant in the commission of offence 2 and the co-accused is granted anticipatory bail on 24th April,2009. 3] The learned A.P.P. submits that the applicant/accused was not traceable since the date of commission of offence i.e.18/3/2009 and anticipatory bail application filed by him in the Sessions Court is rejected. It is further submitted that the applicant/accused has criminal antecedents and eight cases are pending against him. 4] Perused the order passed by the Sessions Court dated 4/4/2009 . While rejecting the application the Sessions Court has rightly considered the previous criminal record of the applicant/accused .The fact that the applicant/accused was not traceable hence was not available to the police for arrest, goes against the accused. Thus,despite of the absence of any protection given by the Sessions Court against the arrest of this applicant/accused he was not arrested since 18/3/2009. Considering these facts it is not a fit case to grant anticipatory bail. Hence rejected. (MRS.MRIDULA BHATKAR,J.)