( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3341 OF 2010 Sayed Junaid Sayed Inayat APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Smt. Sadhana S. Jadhav, advocate for the applicant. Mrs. B.R. Khekale, APP for the respondents/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th October, 2010] PER COURT : 1. The application is for anticipatory bail. 2. Heard learned advocate for the applicant and learned A.P.P. Perused the investigation papers which were made temporarily available during the course of hearing. 3. The alleged incident occurred on 28-12-2009 in the ( 2 ) evening time. A canter vehicle bearing registration No. MH-20/AT-2304 was obstructed by putting up cement pipe in the front of the vehicle on the road. Informant Kalim Shabbir Pathan lodged FIR alleging that 7/8 persons came from right side and 7/8 persons came from left side of the vehicle, broke open the window screens, pulled out him and other inmates of the cabin and started beating them. They decamped with a money bag which was kept behind the seat of driver. An amount of Rs. 6,99,000/- was robbed in the course of the alleged incident. 4. There cannot be any duality of opinion that the offence is of serious nature and involves question of safety of the vehicle drivers and the transporters. The contention of the applicant is that previously, he used to work together with Shaikh Azimoddin and others. He was, however, externed from four (4) districts. He resided at Beed and snapped all the connections with Shaikh Azimoddin and others. He thereafter started earning livelihood as a piece loving person by disassociating himself from the gang of others who were indulging in criminal activities. Said Shaikh Azimoddin alias Azim Shaikh seems to have falsely implicated him in Crime No. I-184/2009, registered at Khultabad Police Station in the ( 3 ) context of alleged road robbery. 5. It appears that the past connection of the applicant with the gang comprising of Shaikh Azimoddin and others is an admitted fact. His disassociation from the other criminals is, however, self-assertion. At this juncture, neither of the fact can be verified appropriately without interrogation of the applicant during course of the investigation. The police arrested Shaikh Azimoddin and effected certain recovery of amount. The statement of Shaikh Azimoddin shows that the present applicant was with him at that time when the road robbery was committed at about mid-night. It further appears that the police recovered certain amounts from the other co- accused by name Wahed and Sheru. It is prima facie apparent, therefore, that the persons named by Shaikh Azimoddin as his accomplices are involved in the commission of alleged crime and certain recoveries have been made from the other three (3) accused persons. At this juncture, it is difficult to say that Shaikh Azimoddin implicated name of the applicant due to any ill-will and only for the reason that he has disassociated himself from the gang of criminals. Under these circumstances, the applicant does not deserve any protection in the exercise of powers under section 438 of the Criminal ( 4 ) Procedure Code, which protection is available only in extraordinary circumstances. Hence, the application is dismissed. Ad-interim relief, if any, stands vacated. [V.R. KINGAONKAR] JUDGE NPJ/criapln-3341-10