1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANTABAD CRIMINAL APPLICATION NO.2095 OF 2009 Dilip s/o Vitthal Dahatonde ..Applicant. V E R S U S The State of Maharashtra and anr. ...Respondent Shri S.V. Gangapurvala, Adv for the applicant. Shri P.M. Shinde, APP for Respondent State. CORAM : K.U. CHANDIWAL, J. DATE : 21ST JULY, 2009. PER COURT :- 1. Heard the learned the counsel for the accused-applicant. In the cross complaint, the accused seeks prearrest protection. One of the ground is that that he has enjoyed such protection at ad-interim relief and consequently there is no dispute to continue with the same. Secondly on the material date of the incident, accused- applicant was performing and discharging his duties as a conductor with M.S.R.T.C. 2- The cross complaint may be a ground but the fact remain, the First Information Report discloses involvement of the accused Dilip with specific role. That apart, plea of the alibi as projected need not be considered at the stage of prearrest. It is apparent, being armed with conditional order, the accused applicant has successfully evaded the prosecution. In this situation, I do not see any merit. Application is rejected. 3- Interim protection vacated. ( K.U.CHANDIWAL, J. ) **** aaa/2095.09