1 CA4620/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4620 OF 2011 Sanjay Laxman Sukhdan Applicant V E R S U S The State of Maharashtra Respondent Shri V.D. Salunke, Advocate for the applicant Shri D.R. Kale, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 29th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant apprehends arrest in CR No. I – 186 of 2011, registered with Newasa Police Station, District Ahmednagar, under Section 302 read with 143 and other related sections of the Indian Penal Code. 3. The incident is of 13th September, 2011. According to the complainant, the present applicant in the company of three others stopped Asif, the deceased, and questioned him about some earlier event. According to the F.I.R., all the persons including the applicant were armed with country-made-revolver. Sopan, Bittu and Dhananjay are alleged to have fired country-made-revolver over Asif, who has died on account of said incident. 2 CA4620/11 4. This incident is witnessed by one Mr. Pathan and he has narrated the incident so as to implicate the present applicant as a member of the persons who had gathered for the purposes of stopping Asif and was armed with country-made-revolver. All this record clearly goes to show that the applicant along with others had a plan to deal with Asif and that plan came to be ultimately executed. The investigation is in progress. As of today, it may be that the role attributed to the present applicant that he did not fire country-made-revolver and was member of said unlawful assembly. In my view, the allegations against the applicant are serious. Where from he procured unauthorized arms and other aspects are required to be looked into, for which custodial interrogation of the present applicant is necessary though the role attributed to the applicant was claimed to be the member of said unlawful assembly. I do not agree with the submissions of learned Advocate for applicant. In my view, this is not a case in which the discretion can be used in favour of the applicant so as to grant him anticipatory bail. In view above, anticipatory bail application stands rejected. ( R.Y. GANOO, J. ) SRM/