1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 137 of 2008 Mushtaq Munna Rein .. Applicant versus State of Maharashtra .. Respondent ... Mr.M.C. Sharma i/b R.R.Sharma for the applicant. Mr.Rajesh More APP for the State. CORAM : D.G.KARNIK, J DATED : 4th February 2008 P.C.: 1. By this application under section 438 of the Code of Criminal Procedure, the applicant seeks pre-arrest bail in connection with an offence registered at Saki Naka police station, Andheri in respect of Crime No.561 of 2007 punishable under sections 141, 143, 147, 149, 323, 379, 427 and 506 of 2 the IPC. 2. Prior to this application, the applicant had approached the Sessions Court for anticipatory bail by Anticipatory Bail Application no.1519 of 2007. By an order dated 9th January 2008, the learned 2nd Adhoc Addl.Sessions Judge had rejected the said application. 3. Perusal of the FIR dated 10th December 2007 discloses that the applicant along with 7 to 8 persons not only assaulted the complainant but also threatened him with the help of a country made fire arm. Learned APP submits that the investigation is in progress and how the applicant/persons along with him were possessed of an unlicensed fire arm needs to be investigated. He further submits that custodial investigation is necessary for the purpose of ascertaining the source of the fire arm and also to recover it. In the circumstances, taking into consideration the fact that investigation is in progress and the complainant was threatened with an unlicensed fire arm which is required to be recovered, in my view, custodial investigation is necessary. Hence, application is rejected. 4. Learned counsel for the applicant prays for 3 continuation of the ad-interim protection granted by this court earlier. In my view, such protection cannot be continued in view of the fact that investigation is in progress regarding unauthorised possession of fire arm. Request for interim protection is rejected. (D.G. KARNIK, J)