1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3420 OF 2009 Ravindra S/o Laxmanrao Ambhore Versus The State of Maharashtra and another *** Mr. Pradeep R. Shelke, Advocate i/b Mr. S. J. Salunke, Advocate for the Applicant. Mr. D. R. Korde, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 16th OCTOBER, 2009. 1. Heard learned counsel extensively. In Crime I-88 of 2008 registered at Sailu Police Station for offence under section 395 of IPC, the accused/ applicant has urged for pre-arrest bail. 2. The incident with the complainant has taken place on 5th June, 2008 when the complainant afrter completing his business activities was proceeding on his motorcycle carrying a bag with Rs.66,000/- and his mobile. He was intercepted on the deserted road by three persons who were following him on a motorcycle. One of them, assaulted with stick to 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. him, resultantly the complainant could not control his balance on the bike and fell. The other snatched his mobile, detached battery and threw the mobile. They have assaulted him, while two have used fists blows, and with criminal force have robbed the complainant with the bag containing Rs.66,000/-. He was not knowing the assailants and the robbers. The matter was reported to police. The momentum of investigation led to a pointing finger to the accused/ applicant herein, however, before police could nab him, he sneaked away and still is absconding. The police nabbed other associates. After investigation it was seen that it was a conjunct act of more than five persons, including present accused/ applicant. Naturally, the offence was primarily found to be under section 395 of IPC. In terms of ordain under section 167 of Cr.P..C., charge sheet was required to be filed against the arrested accused, which the investigator has submitted. The accused/ applicant 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. was shown as absconding. 3. It is contended that the accused was a regular visitor to the village, for which there is a certificate of Sarpanch. However, this certificate will seldom of any use in the manner it is tried to be projected. Then come, the father of the accused/ applicant making allegation against police officer in past. However, I do not see any iota to connect the same with the offence in hand. It prima facie does not suite that the police are instrumental in branding the present accused/ applicant as one of the robber in the said incident. There is no merit. Application rejected. Observations are prima facie. [K. U. CHANDIWAL, J.] Dated:16/10/2009. ans/3420