-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1964 OF 2009 ( Kishor Nilkanthrao Musale .vrs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATED : 24 th JUNE, 2009. Heard Shri A.K. Bhangde, the learned Counsel for the applicant and Shri Mandpe, the learned A.P.P. for State. This is an application under Section 438 of Code of Criminal Procedure for grant of anticipatory bail. According to the applicant he was in police station at about 10.30 a.m., when the alleged offence took place. He was not present at the place of incident and some other persons have committed the offence i.e. punishable under sections, 140, 14, 143, 147, 148, 427, 448, 452, 295, 153(A) and 109 of Indian Penal Code as well as Section 135 of the Bombay Police Act, registered vide Crime No. 68/2009 by the Police Station, Saoner. The learned A.P.P. has pointed out from the affidavit of Shri Rajendra Singh Ram Akbal Singh Thakur, A.S.I., Buckle No.1225, Police Station, Saoner, District Nagpur that at about 10.30 a.m. the applicant had been to police station, however, he did not wait there for recording statement despite directions. The time of incident seems to be between that period only and it does -2- not seem that the place of incident is far away from the police station, so as to make the applicant impossible to reach the spot of incident at the relevant time . The learned Counsel for the applicant has pointed out entry in station diary at Sr. No. 16 at 10.30 a.m. to show that there was no requirement of the ASI Shri Thakur, for recording the statement of the applicant. In any case, the matter being serious, it is not possible to grant anticipatory bail, in view of affidavit of ASI Rajendra Singh. As the learned counsel for the applicant desires to seek bail, the interim order shall continue till Monday the 29th June, 2009, as a last chance. The applicant may take appropriate proceedings for seeking appropriate relief. Present Criminal Application is disposed of. JUDGE Rgd