1 apln3304-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3304 OF 2010 Annappa Vitthal Telgaon. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.Ujwal Agandsurve, Advocate for the applicant. Mr.Y.M. Nakhawa, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 28TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant apprehending his arrest in C.R. No.68 of 2010 for the offence punishable under Sections 395, 397, 398 of Indian Penal Code. Totally there are 14 accused persons. Except, present 2 apln3304-10 applicant all other accused were already arrested and released on regular bail by the concerned Sessions Court. According to the applicant during the incident he was not present but was away in Hospital taking treatment for viral infection. Copy of the medical certificate is produced along with the application. At this juncture, authenticity of such medical certificate and the acceptability or otherwise of the defence of alibi cannot be done while dealing with the anticipatory bail application and it has to be ascertained during the trial. The role given to the applicant in the FIR and also in the statements of witnesses is that of holding Sattur (a sort of weapon like sickle). Specifically in the statement of one injured Somling it is mentioned that the present applicant had used such weapon and had assaulted on the left hand of said injured thereby amputating his left hand palm at the wrist joint. Prior to this, other two accused also assaulted said injured Somling and they had amputated his left palm at wrist level. Said statement was given by said Somling at the hospital. Considering such allegations and prima facie involvement of the present applicant, it is not in 3 apln3304-10 the fitness of the situation to grant any discretionary relief to the applicant. Hence the order :­ :: O R D E R :: [i] Criminal Application No.3304 of 2010 for anticipatory bail stands rejected. (A.R.JOSHI,J.) PPD