- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2559 OF 2008 APPLICATION NO.2559 OF 2008 APPLICATION NO.2559 OF 2008 Mahendra Kumar Agarwal & Ors. ...Applicants vs. The State of Maharashtr & Others ...Respondents Mr.Aabaad H. Ponda for the Applicants. Mr.J.P.Yagnik A.P.P. for Respondent No.1-State Mr.R.F.Lambay for Respondent No.2. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JULY 29,2008 : JULY 29,2008 : JULY 29,2008 P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. By order dated 23rd July 2008, anticipatory bail was granted in favour of the Applicants by the learned Sessions Judge by directing that the Applicants shall be released in the event of their arrest on their furnishing P.R.Bond in the sum of Rs.1,00,000/- (Rs.one lakh) each with one or two solvent sureties in the like amount. An application was made by the Applicants before the learned Sessions Judge praying that the Applicants be allowed to deposit cash bail of Rs.1,00,000/- (Rs.1 lakh) each in lieu of the surety for a period of four weeks. The said application has been disposed of by the learned Judge on 28th July 2008 by stating that the prayer for cash bail made by the Applicants was rejected by the said court and liberty was granted to move the said court if alleged cash bail is refused by the police/C.B.I. In the - 2 - further part of the order, the learned Judge has observed thus: "....Now the applicants desire to surrender before the Magistrate. In case of surrender, order passed on ABA will not be of any assistance to the applicants and therefore request of the applicants that the Magistrate may be directed to accept cash bail cannot be entertained. Request is therefore rejected. Certified copy is expedited. . MA stands disposed of accordingly." 2. As of today there is no application made by the second Respondent for modification of the order dated 23rd July 2008 granting anticipatory bail. In fact, while granting anticipatory bail, a statement of the learned Special Public Prosecutor is recorded by the learned Judge to the effect that the charge sheet is being filed and the custody of the Applicants for further investigation was not necessary. 3. In my view, while considering the Misc.Application No.427 of 2008, the learned Judge could have allowed the release of the Applicants on furnishing cash bail of Rs.1,00,000/- with a direction to furnish sureties in terms of the order dated 23rd July 2008 within a period of four weeks. - 3 - 4. The learned Counsel for the second Respondent states that the case is fixed tomorrow and charge sheet will be filed tomorrow. The learned counsel for the Applicants states that the Applicant Nos.1 and 2 will personally remain present before the trial court. He states that the Applicant No.3 is bedridden and therefore, an application will be made before the learned Judge for grant of exemption. 5. Considering the fact that the order dated 23rd July 2008 is not challenged by the second Respondent as of today, the Application is disposed of by passing the following order : i) The order dated 28th July 2008 passed on Misc. Application No.427 of 2008 is set aside. ii) In the event of arrest of the Applicants or in the event of the Applicants appearing before the learned trial Judge, they shall be enlarged on furnishing cash bail of Rs.1,00,000/- (Rs.one lakh) each with the condition of furnishing one or two solvent sureties in the like amount within a period of four weeks from the date of furnishing cash bail. Misc.Application No.427 of 2008 stands disposed of in terms of this order. iii) As stated above, the Applicant Nos.1 and 2 will appear - 4 - before the trial court tomorrow i.e. 30th July 2008. If application for grant of exemption is made on behalf of the Applicant No.3, the same shall be considered and decided in accordance with law. The Applicants shall remain present before the trial court on various dates fixed by the trial court unless they are exempted from the personal appearance. iv) Parties and the concerned Court to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE