..(1).. 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 JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2108 OF 2008 Pappu @ Ramesh Sahebrao Gunjal. ..Applicant. Versus Versus Versus State of Maharashtra ..Respondent. .... Mr.A.P.Mundargi, Sr.Counsel a/w. Mr.Prakash D. Naik, Adv. for the applicant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 16th July, 2008. DATED : 16th July, 2008. DATED : 16th July, 2008. P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The applicant is seeking anticipatory bail in C.R.No.I-168 of 2008 of Ambernath police station. The said case is mainly under Sections 363, 364, 324 and 427 of IPC. 3. The case of the complainant is that there was rivalry between him and the accused persons on account of a contract to supply building material. The applicant was interested in getting this contract, but, he could not get it. Hence he had ..(2).. grudge against the complainant. On 26.5.2008 at about 3:00 p.m. the applicant and others went in a vehicle and on motorcycles armed with sticks and swords. They obstructed the complainant Jagdish Bhoir and his friends and they caused damage to the vehicle of the complainant. Thereafter the complainant and his friend Mangesh were forcibly put in a vehicle by the applicant and other accused. Thereafter they were thrown out of the running vehicle. The FIR came to be lodged by Jagdish. He was sent to the hospital. Nine injuries were found on his body. 4. The learned Counsel for the applicant submitted that the applicant has been falsely implicated as on the said day i.e. 26.5.2008 the applicant was admitted in a hospital. Thus, it is seen that the applicant has raised the defence of alibi. The investigating agency has conducted an enquiry and the statement of the doctor was recorded wherein he has stated that he is not able to identify the person. Moreover, in my opinion, alibi is an aspect which would have to be proved by the accused person during the trial by leading evidence and it cannot be taken into consideration ..(3).. at this stage. The statements of the witnesses clearly implicate the applicant. 5. Mr.Mundargi submitted that the case would not fall under Section 364 of IPC. He submitted that Section 364 of IPC would be attracted only when a person is abducted with intention that he may be murdered or may be so disposed of as to be put in danger of being murdered. He submitted that the act of the applicant and other accused cannot be said to be such that they intended to kill the complainant and his friend or that the complainant and his friend were in danger of being killed. As far as this aspect is concerned, the statement of the complainant clearly shows that they were thrown out of a running car by the applicant and other accused. In my opinion, this act of throwing a person out of a running vehicle is so imminently dangerous that it can cause the death of a person. Moreover, it can be said that the person had the knowledge that by doing such an act, death of a person can be caused. In this view of the matter, I am of the opinion that Section 364 of IPC would be attracted. ..(4).. 6. In my view, the material collected by the prosecution in the present case is such as to point out an accusing finger towards the present applicant. The Apex Court has observed in the decision of Directorate of Enforcement Vs. Directorate of Enforcement Vs. Directorate of Enforcement Vs. P.V.Prabhakar Rao, P.V.Prabhakar Rao, P.V.Prabhakar Rao, reported in 1997 SCC (Cri.) 978 1997 SCC (Cri.) 978 1997 SCC (Cri.) 978 that when the material gathered by the prosecution is such as to point out an accusing finger towards the accused, it is not a fit case to grant anticipatory bail. Hence, application is rejected. 7. The lower Court shall not be influenced by any of the observations made in this order while deciding the application for regular bail or while deciding the trial. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)