FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.312 OF 2009 CRIMINAL APPLICATION NO.312 OF 2009 CRIMINAL APPLICATION NO.312 OF 2009 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : : : -----------------------------------:------------------------------------- Mr.H.S.Venegaonkar, for the appellant. Mrs M.H.Mhatre, APP,for the state. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 26th MARCH, 2009 DATED: 26th MARCH, 2009 DATED: 26th MARCH, 2009 P.C.: P.C.: P.C.: . Heard learned counsel for the applicant and learned APP for the State. . This is the second application for bail. The earlier application for bail filed by the applicant was rejected on merits vide order dated 8.12.2008. Mr Venegaonkar, learned counsel for the applicant, submitted that the defence of alibi has not been examined by the Investigating Officer as observed by the Supreme Court in Ram Lal Narag vs. State (Delhi Admn), (1979) 2 Supreme Court Cases 322. The proposition laid down by the Supreme Court in the said judgment cannot be disputed. However, the defence of alibi cannot be and need not be examined at the stage of considering the prayer for bail. Moreover, this plea was also raised in the earlier application and it was, according to Mr Venegaonkar, argued before the court. Keeping that in view, I find absolutely no reason to consider the second application for bail. Hence, it is rejected. . It is open to the applicant to file appropriate application for further investigation before the court below relying upon the aforesaid Judgment of the Supreme Court, and if such an application is filed, same may be considered in accordance with law. It is made clear that I have not examined the rights of the applicant and the scope of such application, which the applicant proposes to file. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)