( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3481 OF 2010 Imtiyaz Noormohammad Shaikh, R/o Uran, Tq. Uran, Dist. Raigad. APPLICANT VERSUS THe State of Maharashtra, through P.I. Tofkhana Police Station, Ahmednagar. RESPONDENT .... Mr. Ajeet B. Kale, advocate for the applicant. Mr. V.G. Shelke, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th September, 2010] PER COURT : 1. This is an application for anticipatory bail. 2. The applicant apprehends his arrest in connection with crime No. II-73/2010, registered at Tofkhana Police Station, Ahmendagar, for offence punishable under section 3 read with section 25 and section 7 of the Indian Arms Act. ( 2 ) 3. The FIR purports to show that on 11th June, 2010, the police received secret information to the effect that one Pravin Baraskar and his accomplices were to arrive at a place behind Hundekari show-room situated on road leading to Jadhav Mala. It was learnt that he alongwith his friends was to reach the place on two (2) motorcycles for the purpose of selling country made pistols. The police, therefore, arranged for a trap at the place in that evening. They noticed that three (3) persons were standing at the place whereas other three (3) persons came there on a motorcycle and were engaged in conversation. Therefore, all the six (6) persons were caught then and there. ONe of them was the main accused by name Pravin Baraskar. Said Pravin Baraskar was found in possession of a country made pistol with live cartridges. So also, a country made pistol was found with Narayan Gavane alongwith live cartridges. Their motorcycles and country made pistols were taken in custody. It appears that the police investigation revealed that there was a conspiracy of various persons having ramification of such racket spread over in other states including Madhya Pradesh. One Yogesh Jadhav was arrested during course of the investigation. It is stated that said Yogesh Jadhav has been now released on bail. It is stated that said Yogesh gave a confessional statement to the ( 3 ) effect that he had purchased two (2) country made pistols from one Santosh Bhingardive and Anil Pathare and one of such country made pistols alongwith five (5) live cartridges had been sold to the present applicant i.e. Imtiyaz. He also stated that another country made pistol was kept in his house. The country made pistol was thereafter recovered at his instance under section 27 of the Evidence Act. 4. The learned advocate for the applicant would submit that such statement of the co-accused cannot be used to infer complicity of the applicant. He invited my attention to the other bail orders rendered by learned Adhoc Additional Sessions Judge in criminal application No. 726/2010, etc. What appears from the text of the said orders is that the learned Adhoc Additional Sessions Judge came to the conclusion that mere statement of co-accused may not be admissible unless there is other evidence to prima facie show involvement of an applicant. The observations in other orders passed by the Adhoc Additional Sessions Judge are of no much relevance in the context of the present application. 5. Here is a case wherein one country made pistol was recovered at instance of Yogesh Jadhav during investigation on ( 4 ) basis of his statement recorded under section 27 of the Evidence Act and he clearly stated that another one was sold to the applicant. The applicant is resident of remote place i.e. Uran in Raigad district and, therefore, said Yogesh Jadhav or any of the other co-accused could have no business to implicate him, prima facie, on false charge of purchasing of the country made pistol. He may not be the vendor, but appears prima facie to be the purchaser of the country made pistol and hence, his custodial interrogation may be necessary during the course of investigation. 6. Considering the foregoing reasons, the applicant is not entitled to the discretionary relief under section 438 of the Criminal Procedure Code. The application is, therefore, dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln3481-10 ( 5 )