1ab-appln-2731-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2731/2010 Amitvikram Sambhajirao Nalawade v. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mrs P.B. Walimbe, for the applicant. Mrs A.S.Pai, A.P.P. For the State. CORAM:- A.R. JOSHI, J. DATE :- 18TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the applicant apprehending arrest in CR No. 27/2010 registered with Kasegaon Police Station, at Kasegaon, Taluka Walwa, District Sangli. The offences alleged against the applicant are punishable under Sections 307, 326, 324, 141, 143. 144. 146,147, 148, 149 and 506 of I.P.C. and also under the Indian Arms Act. 2. Apparently, at village Vategaon, taluka Walwa, District Sangli on 2.5.2010 there was some incident of assault at the hands of 17 persons on the 2ab-appln-2731-10 complainant and others. It was allegedly on account of some dispute over the meeting in local Gram Panchayat which took place on the previous day. During the arguments, learned Advocate Mrs Walimbe, appearing for the applicant, vehemently argued that the applicant was not present on the spot and even on the earlier day of the incident, he was not the person who allegedly gave threats of dire consequences to the complainant and others. It is also submitted that in the F.I.R. lodged by the complainant who is injured, name of the present applicant is not mentioned as the actual assailant, much less his presence on the spot. It is further submitted by pointing out the contents of the medical certificate at page 14 annexed to the application, that from 1st May, 2010 to 3rd May, 2010 father of the applicant was hospitalized for heart ailment and according to the attending doctor of Islampur Hospital, the applicant was attending his father through out his admission period. It is also brought to the notice of this Court that on medical advise father of the applicant was transferred to Belgaon in another hospital for further treatment and care. The applicant had admitted his father in the said Belgaon hospital on 3.5.2010. By pointing out this, it is submitted that implication of the present applicant in the matter is purposeful out of political vengeance as admittedly in the said village there are two rival political groups working. 3. As against the above, learned A.P.P. submitted that prima facie there are statements of 14 witnesses recorded on 8.5.2010 mentioning that present applicant was present on the spot during the entire incident of assault and in fact the applicant is main brain behind such activity. She further submitted that investigation is still in progress and at crucial stage and under these circumstances it would not be warranted to grant the discretionary anticipatory bail relief to the 3ab-appln-2731-10 applicant. 4. Considering rival submissions and still considering possibility of the alleged alibi of the applicant, still the prima facie overwhelming evidence of 14 witnesses cannot be ruled out and hence it would not be in the fitness of the situation to grant anticipatory bail to the present applicant. Hence, the following order:- (a) Anticipatory Bail application No. 2731/2010 stands rejected; (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)