ladda 1 aba­140­11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 140 OF 2011. Dattatraya Pandurang Patil ..Applicant. versus The State of Maharashtra ..Respondent. Mr. Ajay Joshi, Advocate for the Applicant. Mrs. S.D. Shinde, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : 9th March, 2011 P.C. :­ 1. Heard rival submissions for some time on this application for anticipatory bail filed by the applicant apprehending arrest in C.R. No. 13 of 2011 registered by Pandharpur Taluka Police Station for the offence punishable under Sections 326, 324, 323,504, 506 read with the offences for rioting, armed with deadly weapons, like sword, sickle etc. 2. As per the contents of the F.I.R. which is lodged with concerned police station by the complainant, owner of the agriculture field, present applicant and his 15 other associates and also about 20 to 22 unknown persons assembled on the date of the incident i.e. on 12th ladda 2 aba­140­11 January, 2011 at the field where the complainant, along with his seven to eight agriculture labours, was proceeding for cutting down the standing crop of sugarcane. Apparently, an atmosphere like rioting and terror, armed with deadly weapons viz. swords, sickles, stones, sticks etc was created on the spot. Initially, stones were pelted on the complainant and his agriculture labours. Thereafter, associates of present applicant used weapons like swords and sickles for causing injuries to the complainant and his labours. Name of the present applicant is specifically mentioned in the F.I.R. as one of the members of the rioting party. 3. During the arguments, the learned A.P.P. for the State submitted that the investigation is still going on and the ownership of two motor vehicles is yet to be ascertained. Said two vehicles were apparently used by the applicant and his other associates to reach the spot for committing rioting. 4. During the arguments, learned counsel for the applicant brought attention of this Court towards the medical papers showing that about two years prior to the incident somewhere by the end of the year 2008 there was a history for the present applicant as to ailment of ladda 3 aba­140­11 lumber canal. It is also brought to the notice of this Court that present applicant was admitted in Deenanath Mangeshkar Hospital & Research Centre, at Pune, during the period, at the end of October, 2010 till 1st November, 2010 i.e., for four days for the complaint of failed back syndrome and fracture disc. By pointing out this medical history, it is submitted that it was highly improbable for the said applicant to have remained present on the spot and have taken active participation in the rioting. 5. Considering the circumstances, under which the alleged offence was committed by the assailants as mentioned in the F.I.R. and considering that investigation is still going on and that out of more than about 40 accused persons only four were arrested, reportedly, till mid of January, 2011 and others are still at large, it would not be in the fitness of situation to grant discretionary relief of pre­arrest bail in favour of the applicant, still considering his alleged history of ailment. In the result, present application is disposed of with the following order. ORDER. Criminal Application No.140 of 2011 stands dismissed. (A.R. JOSHI, J.)