1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 650 OF 2009 Mr. Chandrakant Sadashiv Pawar ..... Applicant. v/s The State of Maharashtra ...... Respondent. Mrs. Revati P. Mohite- Dere for the applicant. Mr. S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATE : 18th February, 2009 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has filed this application for anticipatory bail. An offence was registered under section 302 147, 148, 149, 307, 326, 326 of the Indian Penal Code. Neither in the FIR nor in the statement of eye witnesses, name of the applicant has been mentioned. However, in the statement of Mahendra Tanaji Pawar, in the concluding para, the name of Chandrakant Pawar has been mentioned. It is an admitted position that in the penultimate paragraph, name of Dinesh Chandrakant Pawar has been mentioned as the person who had also assaulted with stick. In the last paragraph, however, name of Dinesh Chandrakant Pawar is not mentioned. It is submitted that, therefore, the reference to 2 “Chandrakant Pawar” in the last paragraph of the said statement is, in reality, reference to Dinesh Chandrakant Pawar. The learned APP appearing on behalf of the State, after taking instructions from the Investigating Officer who is present in Court, also submitted that the name of Chandrakant Pawar does not figure either in the FIR or in the statement of any of the witnesses. It does appear, prima facie, that the present applicant is not involved in the commission of the said offence. He is also not arraigned as an accused in the remand application or in the charge- sheet. Applicant has also not been shown as an absconding accused. The present application is filed by the applicant in view of his apprehension that since his name is mentioned in the statement of one of the witnesses, he may be arrested. It is obvious that this is a typographical error. In any case, since he has not been arraigned as an accused in the charge- sheet and as his name also does not figure in the statement of any of the eye witnesses and also in view of the fact that the applicant is 65 years of age, he deserves to be granted anticipatory bail. 3. Applicant, in the event of his arrest in connection with C.R. No.28 of 2008 registered at Vishrantwadi Police Station, Pune, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station as and when called. 4. Application is disposed of. 3 (V.M. KANADE, J.)