{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 365 OF 2010 Rameshwar Babarao Waghmode APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs.A.N.Ansari, Advocate for applicant Mrs.Y.M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th January 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.1/2008 in which, after completion of investigation, charge sheet has been filed and the case is numbered as RCC No.657/2008 and pending on the file of JMFC, Beed. It appears that the applicant was released on anticipatory bail by the learned Sessions Court vide order dated 04.11.2008 and the protection was granted till filing of the charge sheet. It further appears that similar protection was granted to other accused in this offence, however, after filing of the charge sheet, when the other accused have moved an application for {2} regular bail, the same came to be rejected and though the offence is triable by the JMFC, they are taken into custody. The learned JMFC, is of the view that the punishment for the offence u/s 409 is punishable with imprisonment for life and hence he has no right to grant bail. Apprehending his arrest the applicant has also moved the Sessions Court, however the Sessions Court has refused to entertain the application on the ground that no application was moved before the Magistrate. It appears that inspite of protection granted in favour of the applicant, the applicant has to run from pillar to post and post to pillar. In the premise, in the interest of justice this application is disposed of by granting protection to the applicant. In the result, the protection granted by way of anticipatory bail is extended for a further period of 10 days from today. Within mean time the applicant may apply before the JMFC, Beed for regular bail. Learned JMFC, is directed to decide the application, if filed, on the same day. In case the application is rejected by the JMFC, this protection to continue for 10 days by the way the applicant can move the Court of Sessions for bail. Parties may act on the authenticated copy of this order duly signed by the Court Sirstedar. [A.V.POTDAR, J.] drp/A10/criapln365-10 {3}