- 1 - 288 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 288 OF 2011 Shri Dattatray Hari More .. Applicant vs State of Maharashtra .. Respondent Mr.A.A.Garge for Applicant Mr.R.V.Newton APP for Respondent-State CORAM: K.U.CHANDIWAL, J DATE: 15th April, 2011 PER COURT 1. Heard. The accused-applicant is arraigned as accused in Crime No.6 of 2011 urged for pre-arrest bail. His earlier attempt in Criminal Application No. 559 of 2010 dated 17.1.2011 was turned down by this court. 2. Learned counsel for applicant reiterates his earlier submissions to inform that accused-applicant was gainfully employed - 2 - 288 with Railways and this has been confirmed even by Investigator. Counsel further submits that attendance record also establishes this fact and hence pre-arrest bail. He also adds that charge sheet is filed. Revisiting all the facts, four eye witnesses at this stage cannot be brushed aside to accept the plea of alibi raised by the accused-applicant. Filing of charge sheet will not provide an umbrella to the applicant-accused in terms of section 438 of Cr.P.C. Application rejected. Liberty to move the learned Sessions Judge. Observations made herein are prima facie in nature. K.U.Chandiwal, J - 3 - 288