1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3286/2009 ( (1) Ramkrishna Bhimrao Gaoner and another vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr R D Wakode Adv. for applicant Mr.D P Thakare APP for Respondent-State *** C ORAM : A.P. BHANGALE, J. DATED : 08 th October, 2009. 1. Heard learned counsel for the respective parties. 2. By this application, the applicant prays for grant of anticipatory bail in connection with Crime No. 117/2009 reported at Tiwasa Police Station Dist. Amravati on 11.7.2009 for offence punishable under sections 326, 147, 148, 149 of the Indian Penal Code. According to the learned Advocate for the applicants they have deep roots in the society and they will cooperate with the investigation. 3. Learned APP, however, strongly objected grant of anticipatory bail on the ground that from the date of occurrence, the present applicants were absconding and in the FIR itself their names have been disclosed as assailants. Injured Deepak had received injuries on head i.e. vital part of the body; so also multiple injuries were sustained by him. The investigating agency could not recover the weapon of assault from the applicants as they remained absconded. Specific role is attributed to each of the applicants. The medical report also prima facie corroborated the guilt of the applicants, with the eye witnesses whose statements have been recorded by the Investigating agency. Under these circumstances, order u/s 438 of the Cr.P.C. cannot be used as a shield against the crime. There is no question of humiliation of the applicants even if they are arrested as custodial interrogation in such cases can held by 2 the Investigating agency to get valuable and material information in order to fix liability upon the real culprits. Hence no case is made out for grant of anticipatory bail, particularly when earlier also, the learned 2nd Addl.Sessions Judge Amravati had rejected the anticiparoty bail application on 11.9.2009 by passing order below Misc. Criminal Application No.559/2009. For the reasons stated herein-above, I am not inclined to take a different view of the matter. Application is rejected. JUDGE. sahare