mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4150 OF 2007 Kumar Gajarabai Kale & ors. .. Applicant versus State of Maharashtra .. Respondent ... Mr.A.P.Mundargi i/b Ujwal Agandsurve for the applicant. Mr.D.P. Adsule APP for the State. CORAM : D.G.KARNIK, J DATED : 8th January 2008 P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. Perused the order dated 14th December 2007 passed by the learned Sessions Judge rejecting the application for anticipatory bail filed by the applicants. The learned Sessions Judge has noted that the assault was committed by the petitioner along with the weapons by entering the house of the victim. He has also noted that there are eye witnesses to the crime. 3. In the facts and circumstances of the case I am of the view that the Custodial Investigation is necessary in as much as the weapons used for the assault are yet to be recovered. Since there are eye witnesses to the crime and weapons are yet to be recovered, it would not be appropriate to grant anticipatory bail at this stage. 4. I see no reason to take a view different than the view taken by the learned Sessions Judge in rejecting the application. 5. Application is therefore rejected. (D.G. KARNIK, J)