IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4368 OF 2009 Rajesh Sambhaji Parab ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.A. A.Kumbhakoni, Sr. Adv. i/by Mr.V.V.Purwant, Adv. for the applicant. Ms.S.D.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 1st October, 2009. PC: An offence has been registered under sections 302, 307, 326, 324, 3223, 450, 147, 148, 149, 427, 120B of IPC and section 37(1) and 135 of Bombay Police Act vide CR No.I-100/09 against the present applicant and other co-accused with Kolsewadi police station, Kalyan. FIR came to be lodged on the date of incident by one Ashish Meher wherein he has stated that on the said date at about 8.15 p.m. the first informant was in the company of one Devidas Balaram Gaikwad and Vinod Sawant so also Amit Joshi at which point of time the accused persons named in the FIR in the company of about 20 other persons who are not named attacked them with weapons like choppers, iron rods, sticks etc. in which assault Devidas Gaikwad suffered injuries on his head, back and legs. When the first informant tried to intervene with a view to save the deceased he also was assaulted. One person has been murdered and another has been seriously injured. In the FIR it is stated that amongst the assailants one Hemant Parab and his brother were also there. Hemant Parab is brother of the present 1 applicant and the applicant has been referred to as brother of Hemant Parab in the FIR. In that view of the matter prima facie it can be said that there is material on record to connect the applicant with the crime. 2. Learned counsel for the applicant has submitted that the applicant is employed with semi government organisation named FIO. Regular record of attendance of employees is maintained at the said office. According to the applicant on the date of incident viz. 1.6.09 the applicant had attended the office at Andheri and was in the office from 9.30 a.m. till 7.45 p.m. and thus it is highly improbable that the applicant would be seen at the spot of occurrence of crime. It is further submitted that though the applicant is regularly attending the office all throughout he has been shown absconding and even proclamation is issued. So far as the plea of alibi is concerned in my view same cannot be effectively considered at this stage while deciding application for anticipatory bail. I do not propose to deal with submission pertaining to the absconding of the applicant. In the submission of learned counsel for the applicant it was obligatory on the part of investigating agency to have atleast examined the correctness of the plea of alibi before proceeding to arrest the applicant. Learned APP has opposed the application saying that grave and serious office has been committed. The applicant has also been referred to in the FIR as the assailant though reference is as brother of one Hemant Parab. In that view of the matter I am not inclined to allow the present application. Application thus stands rejected. I have no iota of doubt that during the course of investigation the investigation agency would examine the correctness of plea of alibi raised by the applicant. 1.10.2009. 2