1 BA 568-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.568 OF 2011 Hasan Ali Khan S/o. Ghousudin .Applicant Ali Khan V/s. Union of India & anr. .Respondents WITH CRIMINAL APPLICATION NO.176 OF 2011 Hasan Ali Khan S/o. Ghousudin .Applicant Ali Khan V/s. Government of India & anr. .Respondents Mr.I.A.Bagaria, Advocate, for the Applicant in B.A.No.568 of 2011 Mr.I.G.Khandelwal, Advocate, for Intervenor in Cri.Appln.No.176 of 2011 Mr.D.J.Khambata, Additional Solicitor General Mr.S.K.Shinde with Dr.Sonali Badhe, Advocate, for ALA-Enforcement Directorate Ms Alpa T. Javeri, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 29TH APRIL, 2011 P.C. . After wasting a lot of time of this Court, it has been noticed that the applicant, who had been granted liberty to approach the Special Judge for bail, though filed an 2 BA 568-2011 application before the Special Judge, withdrew it and then approached this Court directly. A litigant must first approach the lowest competent Court with his bail application. Only because High Court concurrently deals with the application under Section 439 of the Code of Criminal Procedure a litigant cannot approach this Court. The contention of the learned Counsel for the applicant that there was no prosecutor for the CBI Enforcement Directorate in the Special Court & so he approached this Court, is to say the least unbelievable. In any case, it was for him to argue his client's case irrespective of whether the prosecution is represented before the Court or not. It would be for the Court concerned to decide as to whether the Court will wait to hear the prosecutor or not. In a case of this type ordinarily Union of India or the prosecuting agency would obviously not allow its case to go by default. Therefore, there was no reason for the applicant to 3 BA 568-2011 approach this Court directly. 2. Both the applications are disposed of. The applicant may again approach the Special Judge who would obviously decide his application expeditiously. The learned Counsel for the applicant states that the application should be ordered to be decided within a week. If the applicant himself chose to approach this Court & wasted time before this Court, the applicant cannot be heard to say that the application should be decided by the learned Trial Judge within a fixed time frame. All the same, the learned Trial Judge would expeditiously decide applicant's bail application once filed. (R.C.CHAVAN, J.)