(1) CRI.APP. 4266.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4266 OF 2010 Magan S/o Chintamani Sonawane Age : 60 years, Occu.: Nil, R/o Behind Bajaj Hospital, Satara, Dwarka Nagar, Aurangabad .. Applicant VERSUS The State of Maharashtra, Through Police Inspector, Jawaharnagar Police Station, Aurangabad, Dist. Aurnagabad .. Respondent ... Mr. Shaikh Ashfak Taher Patil, Advocate for the Applicant Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 19TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for anticipatory bail. 2. The informant-Firoz Khan Pathan lodged FIR alleging that on 22.5.2010 he was proceeding from Sutgirni chowk to Shahnurmiya darga. When he reached a place in front of Chankyapuri residential locality, the applicant alongwith his son and others came from his behind on motorcycle. It was around 22.30 hours (2) CRI.APP. 4266.2010 when they approached, they accosted him. All of a sudden, son of the applicant by name Ganesh dealt a blow of sword on his chest whereas Manoj Sonawane stabbed him on the back with a knife. The applicant and his wife assaulted him by means of fist and threatened him to take away his life. 3. It is argued by the learned Advocate that the role of the applicant does not show his intention to cause death of the informant. It is argued that the applicant may be granted anticipatory bail because nothing is to be recovered from him. 4. For the purpose of considering the anticipatory bail Application, the material criterion is to examine whether the applicant, who is accused of commission of any cognizable offence, is likely to be arrested without there being any substratum or foundation to the charge and that he will be unnecessarily humiliated as a result of such arrest? At the premature stage, mere fact that the applicant was not holding any arm will be of no avail. The allegations in the FIR purport to show that the applicant and the main assailant i.e. his son Ganesh (3) CRI.APP. 4266.2010 and Manoj were armed with deadly weapons like sword and knife and all of them were sitting together on a motorcycle. They had probably went behind the informant and caught him at a secluded place where the assault was mounted. 5. Considering the conduct of the applicant, it is more probable that due to dispute over a plot, he and his family members mounted the dangerous assault on person of the informant in the relevant night. Consequently, the Application is without much merits and as such is dismissed. The observations in this order be not considered, while taking decision on merits, in any other matter related to the crime. Sd/- [V.R. KINGAONKAR, J.] arp