IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3602 OF 2008 CRI.APPLICATION NO.3602 OF 2008 CRI.APPLICATION NO.3602 OF 2008 Janzeb Amir Kamal Khan @ Guddu, .. Applicant Vs The State of Maharashtra, Respondent. Mr H.H.Ponda, for the applicant. Mr S.B.Kesawani with Mr .S.A.Khan for injured witness. Mr K.V.Saste, APP for the State. Mr Momin Solkar, for the original complainant. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 22/10/2008 DATE : 22/10/2008 DATE : 22/10/2008 PC: PC: PC: 1. Heard learned counsel for the parties. 2. Mr Ponda, learned counsel for the applicant, does not press this application on merits and he seeks liberty to the applicant to surrender before the police till 1.11.2008 and apply for regular bail before appropriate court. Learned APP has no objection for granting such liberty. Mr Ponda also submitted that during investigation the police may also look into and examine the defence of alibi raised by the applicant. It is always open to the investigating agency, in the course of investigation, to investigate the offence from all angles and to find out whether the defence of alibi is genuine. While making this observation, I shall not be understood to have issued any direction to the investigating agency as to how they should carry out the investigation. The application is disposed of, as not pressed, with liberty, as prayed. The applicant shall not be arrested till 1.11.2008 in connection with C.R.(FIR) No.198 of 2008 of Shivaji Park Police Station, Mumbai. If the applicant files an application for bail before the appropriate court the same may be considered, as far as possible, on the same day. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)