1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1334 /2010 (Vijay Parasram Gaikwad vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. R S Kurekar ,Adv. For applicant Mr. Parihar, APP for Respondent CORAM : A.P. BHANGALE, J. DATED : 25 th August, 2010. Heard submissions on behalf of the applicant, at length. 2. The applicant prays for anticipatory bail apprehending his arrest in respect of Crime No.196/2010 for offence punishable under sections 221, 222, 384 read with sec. 34 of the IPC registered at Ajni Police Station Nagpur, at the instance of Assistant Commissioner of Police, Crime Branch, Nagpur. The accusations made against the present applicant are prima facie serious, on the ground that one Sanjay Madhukar Moon convicted prisoner who was undergoing incarceration in Nagpur Central Jail, was released on parole on 14.5.2010 for 15 days' duration. He did not return despite expiry of the period of parole. It is further alleged that the said prisoner who misused his parole, committed robbery in the house of one Ramdas Wadekar within the local limits of Hudkeshwar Police Station and robbed the ornaments and cash to the tune of Rs. 64,300/- which he had parted with 2 one Mithun Betala (Jain) at Sindhi Rialway Tq. Selu Dist Wardha for a sum of Rs. 50,000/-. The prisoner spent a sum of Rs. 25,000/- for his household expenses while the accused-police constable along with two other constables by name Sandeep and Jayanta (Badge Nos. 2593 and 3565 respectively ) recovered a sum of Rs. 25,000/- from said Sanjay Moon, under duress. Considering the accusations and seriousness thereof, it appears that learned Addl. Sessions Judge Nagpur rejected the prayer for anticipatory bail preferred by present applicant vide order dated 5.8.2010 in Misc. Cri. Application No.1545/2010. 3. Learned APP objected grant of anticipatory bail, considering the seriousness of the accusations against him and Police constables by the prisoner who misused his parole and committed robbery and the ill- gotten money was allegedly shared by the applicant along with two other constables. Considering the serious accusations and the fact that earlier plea for anticipatory bail made by this applicant was rejected by the Court below, I think, in the larger public interest custodial interrogation of the applicant is a sine qua non and prayer for anticipatory bail cannot be granted. Application is rejected. JUDGE Sahare