1appln-3061-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.3061/2010 Mr Ajit Kailas Singh .. Applicant. versus The State of Maharashtra .. Respondent. Mr O. A. Siddhiqui i/by R.R.Dhuru, for the Applicant. Mr Y. M. Nakhawa, A.P.P.,for the State. Mr V.V.Gangurde for Respondent No.2. _______ CORAM:- A.R. JOSHI, J. DATE :- 10TH AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this anticipatory bail application preferred by the applicant apprehending his arrest in the matter of C.R. No. I-32/2009 registered with Nalasopara Police Station for the offence punishable under Section 302,323 read with section 34 of I.P. Code and offences of rioting, armed with deadly weapons i.e. the revolvers. 2appln-3061-10 2. The incident took place on 29.1.2009 at Nalasopara when the complainant along with his friends was sitting in front of the office of some political party. That time, one vehicle halted in front of the complainant and others and one of the friends of the complainant was assaulted by the persons who got down from the said vehicle. Present applicant was one of them. Role is assigned to the present applicant as to having a revolver which he took out. So also, his two other associates-accused took out their respective revolvers. Said two other accused fired shots in the abdomen of the victim. Consequently, the victim died. Other associates of the present complainant also witnessed the said incident. Said other associates, who are five eye- witnesses, also take the name of the present applicant as present on the spot in association of with other co-accused and taking out the revolver. The role is also assigned to the present applicant as that of assaulting the complainant and eye-witnesses by means of brick bats and creating an atmosphere of terror and a sort of commotion. 3. Since the time of the incident, the present applicant is absconding and is not available to the Investigating Agency. 4. It is the defence of the applicant that during the relevant time, he was not present on the spot and was at Varanasi taking 3appln-3061-10 treatment in the police hospital since 19.1.2009 to 2.2.2009. This period covers the date of incident which occurred at Nalasopara, District Thane on 29.1.2009. On the face of it, the medical papers produced along with application give the name as “Ajitkumar Singh”, age 32 years, whereas the applicant’s name is “Ajit Kailas Singh”, age 31 years. However, this is not the issue for testing whether there is a valid alibi in support of the present applicant and that aspect shall be dealt with suitably by the Trial Court during the trial. Here there are statements of five eye-witnesses and also the statement of first informant taking the name of the present applicant as present on the spot and armed with the deadly weapon i.e. a revolver. 5. In view of the above situation, it is not in the fitness of situation to grant discretionary relief of pre-arrest bail to the present applicant in this matter of offence punishable with death or imprisonment for life. Hence, the present application is disposed of with the following order. ORDER: Anticipatory bail application is hereby rejected. (A.R.JOSHI,J) LRS-PA