1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 807 /2010 (Devanand Mohan Shirsat vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. R M Patwardhan, Adv. for applicant Mr D.M. Kale, APP for Respondent ... CORAM : A.H.JOSHI, J. DATED : May 28, 2010. 1. Heard. 2. The applicant and about eight other persons have been named as accused in the FIR lodged by one Sunil Avachar. 3. The application for bail was rejected by the Sessions Court observing that though prima facie offence punishable under section 395 IPC is not properly spelt out, as the accused has stayed away from the investigation, that by itself, was sufficient for rejection of prayer for anticipatory bail. 4. Perused the affidavit filed by the Investigating Officer and case diary. 5. What prima facie appears is that the FIR has 2 been so skillfully recorded so as to comply with the ingredients of description of offence. However the contents in FIR creates suspicion about the involvement of the applicant /accused. The story put forth by the accused that as he did not participate in the anti-social activities of the complainant, is the cause of his indictment by the complainant, appears to be probable. 6. At this stage, it is prima facie felt that the accused may not be involved in the commission of offence alleged by the complainant. In these premises, the applicant is entitled for protection of anticipatory bail. 7. In the event of arrest of the applicant in respect of Crime No. 115/2010 registered at Old City Police Station, Akola, he be released on furnishing personal bond and solvent surety in the sum of Rs. 5,000/-. Humdast granted. JUDGE sahare