1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2508 OF 2010 Sagar Madan Hire ..Applicant Vs. State of Maharashtra and anr. ..Respondents ......... Mr.Dinesh Kadam, for applicant. Mrs.M.M.Deshmukh, APP for respondent - State. ......... CORAM: R.G.KETKAR, J. (VACATION COURT) DATE : 3rd JUNE, 2010. P.C. : This application is for grant of anticipatory bail in connection with crime No.I-75 of 2010 registered with Taluka Police Station, Malegaon, District Nashik for the offences punishable under Sections 395, 397 and 452 Indian Penal Code. 2] Heard Mr.Dinesh Kadam, learned counsel for applicant and Mrs.M.M.Deshmukh, learned APP for respondent – State. 3] Learned counsel for the applicant reiterated the submissions that were made in Criminal Application No.2506 of 2010 and in addition, it is submitted on behalf of the applicant that the applicant is a student of T.Y. B.Sc. and studying in Arts, Commerce and Science College at Nandgaon, Taluka Nandgaon, 2508-10.sxw 2 Dist.Nashik. He was busy with preparation of his theory examinations which were to commence from 3 rd April, 2010. He also attended the Botany practical part I, II and III and, therefore, he was not present when the incident alleged to have taken place on 28 th March, 2010. 4] On the other hand, learned APP reiterates her submission made in Criminal Application No.2506 of 2010. 5] In so far as practical in Botany subject is concerned, the applicant has not produced any certificate or document from the concerned college to indicate that the practical in Botany subject was conducted on 28 th March, 2010 and also its timings. The theory examination was to commence from 3 rd April, 2010. In my opinion, the defence of alibi cannot be gone into at this stage, particularly in the light of the statement of the complainant recorded immediately after the incident on 28 th March, 2010 wherein, prima facie, the presence of applicant is established. For the reasons set out in the order passed in Criminal Application No.2506 of 2010, in my opinion, this is not a fit case for granting anticipatory bail. 6] Hence, Criminal Application is rejected. It is made clear that the observations made herein are for the purpose of disposal of this application seeking anticipatory bail. As and when the applicant applies for regular bail, the concerned Court shall decide the said application on the basis of the material on record and in accordance with law uninfluenced by the observations made herein. [R.G. KETKAR, J.] 2508-10.sxw