IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3335 OF 2009 Anil Sitaram Dinger & Anr. .. .... .... Applicants Versus The State of Maharashtra .... ....Respondent. Mr.Mr.A.P.Mundargi, Sr.Adv. i/by Mr.Hrishikesh Mundargi, Adv. for the Applicant Mr.Mrs.P.P.Shinde,APP for the Respondent/State. CORAM: A. P DESHPANDE, J. 4th August, 2009. PC: Apprehending arrest in Cr No.120/09 dated 21.5.09 for offence punishable under sections 302, 323, 342 read with section 34 of IPC the present application is filed. According to the complaint son of the complainant was working as labourer/waiter in Dhaba owned by one Lucky Gill. After performing night duty he had returned by about 11 O’clock at the residence and thereafter at about 12 O’clock present applicant No.2 had visited the house of the complainant on motor cycle and he informed that owner of the Dhaba by name Lucky Gill has called the deceased at the Dhaba and hence the deceased along with present applicant No.2 had been to Dhaba. The deceased was taken by the applicant No.2 on motor cycle on 19.5.09. Thereafter the complainant who happens 1 to be father of the deceased was also called by the owner of Dhaba by name Lucky at the Dhaba by sending Maruti van and two persons had picked up the complainant for being taken to see the proprietor of the Dhaba. The proprietor of the Dhaba was suspecting that the deceased has stolen his mobile and thus had also persuaded the complainant to prevail upon the deceased to return the mobile. Though the complainant was permitted to leave the place where they had confronted the deceased and it was informed that the deceased would safely return home. However the deceased did not return and he was found in semi unconscious state in an agricultural land on the next day morning. By the time he was taken to the hospital he was declared dead. The death is unnatural as there were injuries and wounds on the person of the deceased. Certain injuries were noticed by the complainant to private parts of the deceased. In the aforesaid fact situation the present application is moved for grant of anticipatory bail. Having regard to the seriousness of the offence and having regard to the prima facie involvement of the applicants in the commission of crime I do not find the present one to be fit case for release of applicants by granting of anticipatory bail. Hence application stands rejected. 2