IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3341 OF 2008 Mr.Ganesh Amrika Jaiswal & Anr. .. Applicants Vs. State of Maharashtra & Anr. .. Respondents Ms Mallika A. Ingale for the applicants. Mr.J.P.Yagnik, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 26th September 2008. : 26th September 2008. : 26th September 2008. P.C.: . Heard learned counsel appearing for the applicants and learned A.P.P for the State. After arguing the application for some time, the learned counsel appearing for the applicants on instructions of the applicants who are personally present in the Court states that the applicants will surrender before the concerned Court on 03rd October 2008 and therefore till 03rd October 2008 the applicants be protected. 2. In view of this statement, it is not necessary to entertain this application and I pass the following order: (i) The application is dismissed. It is however made clear that all contentions of the 2 applicants on merits as regards applicability of section 306 of the Indian Penal Code are expressly kept open. It is also made clear that the contention of the applicants regarding power of the learned Magistrate to grant bail under section 437 of the Code of Criminal Procedure, 1973 is also kept open. The statement of the applicants that they will surrender before the concerned Court on 03rd October 2008 is accepted. In view of this statement, the applicant shall not be arrested till 03rd October 2008 subject to condition that they will continue to report to the concerned police station every day at 11.00 a.m. (ii) If the applicants surrender before the concerned Court on 03rd October 2008 and if they apply for bail, the said application shall be considered and decided as expeditiously as possible and preferably on the same day. (iii) The parties and concerned Court to act upon an authenticated copy of this order. 3 (A.S.Oka,J)