1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3721/2009 [Shaikh Rafique Shaikh Kadar vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A A Naik, Adv.for applicant Mr C N Adgokar, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 6, 2010. Heard. 2. By this application, the applicant prays for grant of anticipatory bail in connection with Crime No. 88/2009 reported at Nagpuri Gate Police Station, Amravati on 30th July, 2009, for offence punishable under sections 302, 143, 147, 148, 149 of the IPC; further read with sections 4 and 5 of the Arms Act and Section 135 of the Bombay Police Act. It is contended on behalf of the applicant that the name of the applicant did not figure in the FIR and prosecution is attempting to arrest the applicant confusing his identity with one Rafique Tata Mansoori, whose name appeared in he FIR as one of the accused. According to the applicant, the first informant who is sister of the deceased, was not present at the time of the incident, according to eye witnesses. 3. Learned APP opposed grant of anticipatory bail 2 stoutly, on the ground that charge-sheet is already filed and Sessions Case No. 918/2009 is pending before the Sessions Court, Amravati. Further, according to him, the applicant was absconding and, as such, could not be arrested. Moreover, he has been shown as absconding -accused in the charge-sheet. That being so, I think the applicant must surrender before the trial Court concerned and apply for bail on merits. In order to enable the applicant to surrender before the trial Court temporary relief is granted in favour of the applicant. Hence the following order : The applicant shall surrender before the Sessions Court concerned on or before 21.1.2010 and apply for regular bail on merits. If the applicant is arrested before 21.1.2010, he shall be released provisionally, upon executing PR bond in the sum of Rs. 10,000/- with one or more surety in the equal amount, upon conditions that he shall approach the trial Court within the time limit; provided further that if anticipatory bail as granted above is availed of for a temporary period, the applicant shall cooperate with the investigation by attending the Investigating Officer as and when necessary. He shall inform his fixed /permanent address with cell/telephone number to the I.O. It is made clear that if the applicant fails to appear before the Sessions court concerned within the stipulated period permitted supra, the concession of anticipatory bail for temporary period shall stand expire automatically. 3 Application stands disposed of. JUDGE sahare