1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5163 of 2009 Shehbaaz Abdul Rashid Khan ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Akhilesh Upadhyay for the applicant. Mr.S.N.Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 18th January 2010 P.C. 1. Heard. By this application, applicant seeks bail in connection with C.R. No.141 of 2009 for an offence punishable with section 399, 402 of IPC r/w section 325 and 327 of Arms Act and section 37 and 135 of the Bombay Police Act. 2. The applicant along with his accomplices were arrested on 30th September 2009 while they were preparing for dacoity. A knife was recovered on the person of the applicant. A pistol (fire arm) was recovered from the accomplice of the applicant. One of the accomplices however managed to escape and run away. 2 3. Counsel for the applicant was unable to explain the possession of the knife on the person of the applicant and fire arm on the person and accomplice of the applicant who was arrested simultaneously on the same spot. Previous offences are also registered against the applicant and accomplice and the trial is pending. One of the accomplice is absconding and is yet to be arrested. Investigation is in progress. In the circumstances, the Sessions Judge has rightly rejected the bail. I see no reason to take a different view. Application is accordingly rejected. (D.G. KARNIK,J.)