1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2194 OF 2010 Dnyaneshwar Sarang Phadtare ...Applicant Vs. State of Maharashtra ...Respondent ----- Mr.Ajay A. Joshi for Applicant Mr.S.A. Shaikh -APP for the State. ----- CORAM: V.M. KANADE J. DATED: 8TH JULY, 2010 P.C. 1. The Applicant is aggrieved by the condition imposed by the Sessions Judge, Pandharpur in his order dated 20.8.2008. 2. By the said order, the Sessions Judge, Pandharpur directed the Applicant to appear before the Trial Court in summons for the offences punishable under sections 406, 420, 465, 468, 467 and 109 of the Indian Penal Code is issued by the Trial Court and further directed that he should file an application for regular bail. 2 3. The learned Counsel for the Applicant submits that since the offence under section 469 is punishable for life imprisonment, he would not be in a position to apply for bail before the Magistrate. He submits that the said condition may be modified. 4. There is some substance in the submission made by the learned Counsel for the Applicant. Since the offence punishable under section 467 is an offence for life imprisonment, the Magistrate could not have the jurisdiction or authority to grant bail in view of the condition imposed on him by section 467 of the Indian Penal Code. 5. The order is, accordingly, modified and the Applicant is permitted to apply for regular bail before the Sessions Court under section 439 of Cr.P.C. after the charge is filed. 6. Application is disposed of. (V.M. KANADE J.)