1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.180 OF 2010 Ashok S/o.Chotumal Talreja APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.K.N.Lokhande, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 27/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.158/2009, registered in Shrirampur Police Station of Dist. Ahmednagar. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation, as in the said crime, after investigation is over, charge sheet is filed wherein the present applicant is shown as an absconded accused. 3. Perusal of the papers of the investigation shows that when 2 complainant Dattatraya was accompanied Dr.Pramod, who was driving his car and was proceeding towards his native place after his dispensary was closed, two unknown persons chessed the car driven by Dr.Pramod and fired with the gunshots, which resulted in sustaining serious injuries to Dr.Pramod. Later on, these two unknown persons were arrested and were identified. During thеir interrogation, the fact revealed that the gunshots/bullets used to fire on Dr.Pramod were purchased by them from the present applicant. It is the allegation that the present applicant is not holding valid license under the provisions of The Arms Act either to purchase the arms or to sell the arms. If the bullets which were used to attack in the weapon used by the arrested accused, were allegedly purchased from the present applicant, accordingly the charge sheet is filed after completion of investigation, can not be said that the investigation in respect of from where the bullets were purchased by those assailants is complete. Even after charge sheet is filed under S/S 4 of section 173 of Cr.P.C., still on the incomplete investigation, supplementary charge sheet can be filed or necessary directions can be sought under sub section 8 of Section 173 of Cr.P.C. Even though the offence against the present applicant is based on the statement of co- accused, in real sense, it can not be said to be a statement of accomplice. 4. In the premise, application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/JAN 2010/cri-appl-180-10