(1) CR.APP. 1938.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1938 OF 2009 Salim S/o Gani Pathan, Age: 30 years, Occu.: Business, R/o Sarjepura, Ramwadi, Ahmednagar .. Applicant Versus 1] The State of Maharashtra, P.I. Topkhana Police Station, Ahmednagar (Copy to be served on the Public Prosecutor, High Court of Judicature at Bombay, Bench at Aurangabad) 2] The Superintendent of Police, Ahmednagar .. Respondents Mr. Z.M. Pathan, Advocate h/f. Mr. S.S. Kazi, Advocate for the Applicant Mr. J.S. Gavane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 3RD JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no 472 of 2008 registered at Topkhana (2) CR.APP. 1938.2009 Police Station, Ahmednagar alleging offences punishable under section 143, 147, 148, 149, 326, 452, 223, 504, 506 of the Indian Penal Code. The offence was registered on 25.10.2008. 2] It is alleged that the applicant and 10-12 persons with weapons like iron rods, sticks in their hand entered the house of the complainant, attacked the son and husband of the complainant and caused injuries to them. The applicant was seen delivering blows of iron rod on the head of one of the victims. I am told that the present applicant also lodged a complaint that he too was assaulted by the complainant’s husband and son etc. at the same time. This thus appears to be a case of fight between two groups. Probably on both sides, some persons sustained injuries. Surprisingly despite this, since October, 2008 the applicant was not arrested by the Police of Topkhana Police Station, Ahmednagar. In the meantime, the applicant could apply twice for anticipatory bail to the Additional Sessions Judge, Ahmednagar. Both these applications came to be rejected. His last application was rejected on 9.6.2009. 3] It is thus clear that although the applicant played active role in the incident, he could move around freely and could approach the Court for anticipatory bail repeatedly. This shows (3) CR.APP. 1938.2009 that the Police of Topkhana Police Station, Ahmednagar purposely avoided to arrest him and afforded him opportunity to approach the Courts. The learned Additional Sessions Judge, Ahmednagar was right in observing that since the applicant was seen actively involved in the incident and since he has been attributed a specific role, he should not be granted anticipatory bail. I am also of the same opinion. I am rejecting the application, but I am not sure whether the applicant would be ultimately arrested in this case because the Police, it seems, do not wish to arrest him. 4] Criminal Application stands rejected. 5] A copy of this order should be sent to the Superintendent of Police, Ahmednagar, with a request to take action against the concerned Police. Sd/- (A.V. NIRGUDE, J.) arp/3july9/cr1938.09