IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 2034 OF 2008 CRIMINAL APPLICATION NO. 2034 OF 2008 CRIMINAL APPLICATION NO. 2034 OF 2008 Babanrao Baburao Dhamdhere. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Rahul Kate for the applicant. S.S.Pednekar, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 27th June 2008. DATED: 27th June 2008. DATED: 27th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. This application is under section 438 of Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in C.R.No.99/2008 registered with Shikrapur Police Station, Pune for the offences punishable under sections 143, 147, 149, 323, 302 of Indian Penal Code on the basis of the complaint filed by one Shri Kailash Dhamdhere. 3. The applicant has approached this Court after having suffered adverse order 16th June, 2008 in the hands of Addl. Sessions Judge dated 16th June, 2008; wherein the Sessions Court has observed as under: "4..... On careful scrutiny it reveals that in FIR itself the specific role attributed against the present applicant/ accused. Whether applicant/ accused can prove alibi or not is the matter of evidence and at this stage said aspect cannot be looked into. Obviously, offence is serious in nature and investigation is in progress. In such circumstances, granting anticipatory bail to the applicant means nothing but to create a hurdle during the smooth investigation. On the other hand, in my mind, it is desirable to allow the police to thoroughly investigate the matter. Certainly, if later on it reveals to this Court that there is no involvement of applicant/ accused then in that circumstances at the proper stage anything can be considered regarding bail etc. to the present accused....." 4. Having seen the material available on record and having gone through the findings recorded by the learned Sessions Judge, no case is made out to take any contrary view or the view other than the view taken by the learned Session Judge. 5. In the result, application is rejected. JUDGE JUDGE JUDGE