1 Criminal Application No.5065/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5065 OF 2010 Samsherkhan s/o Mahboobkhan ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Mrs. A.N. Ansari, Advocate for the applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th January, 2011 PER COURT : 1. Heard. In Crime No.158/2010, registered at Vazirabad Police Station, Nanded for an offence under Sections 326, 504,506 of the Indian Penal Code, anticipatory bail is urged. 2. The learned counsel submits, owing to the order dated 9.12.2010 directing release of the accused/applicant on ad-interim basis, the accused/ applicant has attended the concerned police on Tuesday and Saturday between 5.00 p.m. and 8.00 p.m. and at his instance a fighter is recovered including a motorcycle. Custody thereof is received back by the accused/ applicant. The counsel submits, nothing more is to be recovered from the accused/ applicant and the ad-interim relief granted earlier be extended finally. 2 Criminal Application No.5065/2010 3. The learned A.P.P. has placed before me the investigation papers. In the statement of the complainant, police vehicle Driver Gaikwad, he has pointed role of the accused/ applicant having injured him with a fighter for a trivial issue. The same is supported by medical certificate. In the statement of Bhimrao Gautam Lone, the motorcycle number of the accused/ applicant is furnished and the event of assaulting Gaikwad are disclosed. In the statement of Ratansing Pardeshi, an independent shopkeeper near the Police Headquarters, he has narrated the events, in tune with the narration of the two above referred witnesses. Even if there was a recovery under the umbrella of the Court referred above, the approach of the accused/ applicant does not deserve that he should be enlarged on bail in the event of arrest. Learned A.P.P. submits, there is already another prosecution against the accused/ applicant of 2009. Hence, the ad-interim relief or the pre-arrest bail by way of interim protection dated 9.12.2010 is cancelled. Application is rejected. K.U. CHANDIWAL JUDGE fmp/cri5065.10