1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2573 OF 2010 Arun Bhan Ramjash Jaiswal ..Applicant Vs. The State of Maharashtra ..Respondents ......... Mr.Parvez Ubhare h/f.Mr.Sameer Choudhary, for applicant. Ms.A.A.Mane, APP for respondent State. ......... CORAM: R.G.KETKAR, J. (VACATION COURT) DATE : 26th MAY, 2010. P.C. : This application is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with Crime No.69 of 2010 registered with Wadala T.T. Police Station. 2] Heard Mr.Parvez Ubhare, learned Counsel h/f.Mr.Sameer Choudhary, learned counsel for applicant and Ms.A.A.Mane, learned APP for respondent State. 2573-10.sxw 2 3] It is submitted that the complaint lodged against the applicant is false and frivolous and that the applicant is not owner of the vehicle alleged to have been seized by the Municipal Officer bearing Registration No.MH-04- DD-8575. On the other hand, Ms.Mane, learned APP for State, submitted that in the FIR the complainant has assigned a specific role to the applicant. It is alleged that the applicant and others, by putting knife on the belly of the complainant, gave threats to the complainant. The applicant also abused the complainant and gave threats to kill him. 4] Perusal of the complaint, prima facie, indicates that the applicant had given threats to the complainant, by putting knife on his stomach, that they will cut the complainant in to pieces. The weapon alleged used by the applicant is yet to be recovered. Prima facie, the presence of the applicant at the time of incident is disclosed from the record. Considering this, in my opinion, prima facie case against the applicant under Section 506 Part II Indian Penal Code, is made out. This is not a fit case to enlarge the applicant on anticipatory bail. 5] Criminal Application is, therefore, rejected. It is, however, made clear that the observations made herein are only for the purpose of disposal of the application for anticipatory bail. As and when the applicant takes out an 2573-10.sxw 3 application for regular bail, the concerned Court shall decide the same in accordance with law on the basis of evidence and material available before it uninfluenced by the observations made in this order. [R.G. KETKAR, J.] 2573-10.sxw