1 APPLN 2248 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2248 OF 2010. Umesh Hirachand Deshmane .. Applicant -versus The State of Maharashtra .. Respondent. Mr. R.S. Apte, with Mr N.R. Bubna for the Applicant. Mrs. P. P. Shinde, APP for the Respondent state. CORAM: R.C. CHAVAN, J. DATED: 25th August, 2010 P.C. 1. This application discloses a very piquant situation. The applicant was on anticipatory bail granted by the learned Additional Sessions Judge, Solpaur by his order dated 6.11.2009. Thereafter a chargesheet is filed on 18.11.2009 and the criminal case is now pending for commitment before the learned Chief Judicial Magistrate. The applicant applied before the Sessions Court on 3.1.2010 stating that he is surrendering before the Court and the Court may admit him to regular bail. The learned Sessions Judge, rejected this application for surrender of accused. 2. I have heard learned counsel for the applicant and learned Additional Public Prosecutor. Technically the learned Judge may be right in observing that since the applicant was admitted to anticipatory bail, it was open to the applicant to appear 2 APPLN 2248 OF 2010.sxw before the concerned Police Station or the Court as the case may be for seeking further orders. However, the learned Judge should have seen that if there was no objection to the applicant being enlarged on bail pending the trial, particularly considering the fact that four other accused person, who had been subjected to a separate trial for the same offence have already been acquitted in that case, the applicant could have been allowed to surrender and his plea for bail could have been considered on its own merit. However, since the applicant is not in jail, there is no question of considering his application for bail. As observed by the learned Sessions Judge, it would be open for the applicant to appear before the learned Chief Judicial Magistrate before whom the case is pending to be committed. There is already an order of the learned Sessions Judge that the applicant is to be released on bail if he is arrested. The learned Chief Judicial Magistrate undoubtedly will commit the case to the Court of Sessions and learned Sessions Judge then would consider application for bail, since the applicant would be in constructive custody of the learned Chief Judicial Magistrate having, surrendered and admitted to bail in pursuance of the order dated 6.11.2009, passed by the learned Sessions Judge. (R. C. CHAVAN, J.)