:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2577 OF 2008 PETITION NO. 2577 OF 2008 PETITION NO. 2577 OF 2008 Vilas Balwant Samobat ..Petitioner V/s State of Maharashtra ..Respondent Mr.Shirish Gupte,Sr.Advocate i/b Kuldeep Patil for the Petitioner Mr. A.S. Gadkari, APP for the State CORAM : S.B.MHASE & A.A. SAYED JJ. DATE : 15TH DECEMBER, 2008 P.C. 1. Without going into the controversy as to whether the petitioner is absconding or not we have noted that the present petitioner is present before this Court. The learned Sr. Counsel Mr. Gupte states that the petitioner is ready and willing to present himself before the Sessions Judge Pune, as his anticipatory bail application is pending before the Sessions Court, Pune and is kept on 18th December, 2008. 2. The petitioner shall appear before the Sessions Judge, Pune on 18th December, 2008 in :2: anticipatory bail proceeding. The Sessions Judge, Pune shall place the matter of the petitioner 1st on board on 18th December, 2008. The Sessions Judge shall note the presence of the petitioner and the petitioner shall remain present in the Court till the matter is decided. The Sessions Judge is directed to decide the matter on 18th December, 2008 itself after hearing the parties. In case the anticipatory bail is granted by the Sessions Court, the petitioner will submit his bail according to the order. In case the anticipatory bail is not granted by the Sessions Judge, the petitioner shall surrender himself before the Judicial Magistrate, F.C. Court No. 4, Pune on the same day i.e. on 18th December, 2008 and the shall file the application for regular bail and the Magistrate shall follow the procedure of regular bail in respect of surrender of the accused. Until 18th December, 2008 the police shall not take coercive action. 3. In view of the peculiar facts of the case, we observe that it is not necessary to mention in the present matter about the liberty to approach the Court. The liberty is always there however on that :3: pretext the surrender before the Magistrate cannot be protracted. 4. In view of the fact that the petitioner is available, the proclamation is cancelled. 5. The petition is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) (S.B. (S.B. (S.B. MHASE, J.) MHASE, J.) MHASE, J.)