1 Appln 3530-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3530 OF 2010 Karam Husein Noorali Shaikh ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.A.Ansari, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27TH AUGUST, 2010 P.C. . The Applicant, who has been arrested for the offence of preparation to commit decoity seeks his enlargement on bail. Investigation is not complete. Charge sheet has not been filed. The learned Counsel for the Applicant states that Applicant was allegedly found in possession of 12 cm long sharp knife kept concealed under his pants, which according to the learned Counsel for the Applicant is impossible. He also points out that F.I.R was not promptly sent to the 2 Appln 3530-10 Magistrate and it is alleged that it was sent to the Court of the Magistrate only after seven days. He also states that the Applicant has no previous criminal history and he is young man of 20 years. Therefore, he should be enlarged on bail. 2. According to the learned APP, it was a fact that the Applicant was found in possession of 12 cm long knife with sharp blade under his pants. The impossibility of keeping such knife would be considered at the trial. She states that delay in filing a copy of the F.I.R. to the Magistrate may also be considered by the learned Trial Judge at the appropriate stage. Merely because there is delay in sending F.I.R., the Applicant can not be admitted to bail. The learned APP states that F.I.R. was sent on the same date. Then the question is why it was received late. 3. The learned APP contests the 3 Appln 3530-10 submission of the learned Counsel for the Applicant that the Applicant has no previous Criminal history and points out that there are three Criminal cases registered against him and in two of which he is shown as absconding. 4. In view of this, considering the fact that investigation is not complete, Applicant is involved in the offence of preparation to commit decoity and was found in possession of 12 cm long knife with sharp blade, Criminal Application is rejected. (R.C.CHAVAN, J.)