IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3727 OF 2009 Laxshuman Bharat Jagdale ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.Nitin Pradhan, Sr. Adv. a/w Mr.K.S.Patil, i/by Pushkarni Kulkarni, Adv. for the applicant. Mr.Y.M.Nakhwa, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 18th August, 2009. PC: Apprehending arrest in connection with CR No.89/09 registered with Dattawadi police station, Pune for the offences punishable under sections 143, 147, 148, 149 and 302 of IPC the present application is moved seeking anticipatory bail. Learned counsel for the applicant has invited my attention to the FIR where in it is stated that Laxman Jagdale and Rama Jagdale and their associates assaulted the deceased by means of sickle. According to the learned counsel the said statement only implies that the associates of Laxman Jagdale (present applicant) and Rama Jagdale had assaulted the deceased by means of sickle. The FIR no doubt categorically refers to the present applicant by name Laxman Jagdale as key person in the commission of offence. Learned counsel for the applicant has submitted that on the said date he was not present in Pune and had gone for tour along with other 32 persons. The plea of alibi, in my view, cannot be tested and considered at the time of considering the application under section 438 of Criminal Procedure Code. It is only after investigation is completed and charge sheet is filed the plea of alibi can be considered. Having regard to the fact that the applicant is named in FIR as main person responsible for the commission of offence this is not a fit case for grant of anticipatory bail. Hence application stands rejected.