1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 216 /2010 [Sheikh Kayum Sk.Munner & others vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr M Badar Adv.for applicants CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 9, 2010. It appears that applicants herein are unsuccessful applicants from Misc. Cri. Application No.148/2010 which was decided on 4.2.2010 by learned Addl. Sessions Judge, Akola wherein the persons who were in winter of their life, have been granted the benefit of anticipatory bail, whereas rest of the applicants were denied the same, on the ground that accusations against them are of serious nature inasmuch as they had formed an unlawful assembly and assaulted the complainant and his relatives with stones and as a result of which the complainant and his cousin brother were seriously injured. Thus it appears in respect of the same incident, another Crime being Crime No.11/2010 was reported by uncle of these applicants. 2. Under these circumstances, the order u/s 438 of the Cr.P.C. cannot be used as a shield against crime at the time when the investigation is at its nascent stage. The applicants, however, are free to surrender before the remand Court concerned and apply for bail on merits. If 2 such an application is made, the remand Court is directed to decide it in accordance with law and on its own merits. 3. The present application is, however, rejected. JUDGE sahare