1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 218 OF 2011 ( Mohd. Sabir Mohd. Shafi Vs. State of Maharashtra PSO PS Akot Fail Distt. Akola) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. J. Mirza Adv for applicant. Shri S. M. Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 5th JULY, 2011. . This is an application under Section 438 of the Criminal Procedure Code for grant of anticipatory bail. Applicant is apprehending arrest in Sessions Trial No. 95 of 2010 pending on the file of Additional Sessions Judge Akola. It is for the offence under Sections 147, 148, 149, 307, 302, 109 and 120-B of Indian Penal Code and Sections 3, 4 and 25 of the Arms Act and Section 135 of the Bombay Police Act. Learned APP clarified that 12 accused persons have been arrested and their names are appearing in the charge sheet. In addition to them 10 other accused persons are shown as absconding. In the dying declaration there appears the name of Sabir Panpattiwala. In some way the name is identical to the name of the applicant. However, this Sheikh Sabir is already arrested 2 and he is accused no.10. Amongst the ten absconding accused persons one bears the name Sheikh Sabir Sheikh Shafi Qureshi. He is shown as accused no.22 in the charge sheet. His name also does not completely match with the name of the present applicant. It is clarified by the learned counsel for the applicant that no warrant has been issued against him by the Court. Even the police did not obtain warrant to arrest the applicant from the concerned Magistrate. It is the say of the learned counsel for the applicant that he is not Sheikh Sabir Sheikh Shafi Qureshi and he is not the resident of Tajna Peth, which is the address mentioned against the absconding accused Sheikh Sabir Sheikh Safi Qureshi. In that light of the matter there is no question of the applicant apprehending arrest. Therefore, the application is liable to be rejected. Considering the fact that the prosecution itself is in dilemma about the identity of the accused, limited directions will suffice the purpose. Application is rejected. In case the present applicant by name Sheikh Sabir Mohd Shafi aged 35 years, Occupation Labourer, resident of 28, Mohammad Ali Road, Subhash Road, Near Kagzipura, Akola Tq. & District Akola is to be arrested, he should be served with 48 hours notice. JUDGE svk 3