1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1004 OF 2011 WITH ANTICIPATORY BAIL APPLICATION NO.1005 OF 2011 Vishnu Kanhailal Rajavat .Applicant V/s. The State of Maharashtra .Respondent Mr.J.B.Kocheta, Advocate, for the Applicant in both applns. Smt.S.V.Sonawane, APP, for the Respondent  State in ABA No.1004 of 2011 Mr.K.V.Saste, APP, for the Respondent  State in ABA No.1005 of 2011 CORAM : R.C.CHAVAN, J. DATE : 19TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. These are the two applications for anticipatory bail curiously filed by a person, who apprehends arrest in connection with C.R.Nos.241 & 245 of 2011 for the offences punishable under Section 328 of the Indian Penal 2 Code & under Sections 65(c) & (d) of the Bombay Prohibition Act registered with Hinjawadi Police Station, Pune and who was allegedly running illicit distillery. He was not caught on raids 20/05/2011 and 23/07/2011. The police alleged that the applicant and others were distillating liquor by adding substances harmful to the human life. The learned APP upon instructions from Shri S.N.Shinde, PSI, Hinjawadi Police Station states that the investigating officer has for the reasons best known to himself not sent the samples seized to the Forensic Science Laboratory so far. This is atrocious. No case for denial for anticipatory bail. Application is allowed. In the event of arrest, applicant be released on bail on his furnishing P.R.Bond of ` 50,000/- with one or more solvent sureties in the aggregate sum of ` 50,000/- on the following conditions. (i) The applicant shall report at the Hinjawadi Police Station, Pune on 23rd December, 2011 at 11.00 a.m. and thereafter, as and when required by the investigating officer. 3 (ii) The applicant shall make himself available for interrogation by a police officer as and when required. (iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) The applicant shall not leave India without the previous permission of the Court. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court in AIR 2011 (SC) 312(Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). 3. Anticipatory Bail Applications are disposed of. (R.C.CHAVAN, J.) 4 2. Admit. 3. Call for R & P. 4. Action under Section 390. Needless to say, action under Section 390 means that the 5 learned Magistrate may cause the accused to be produced before him by appropriate process and take security from them for their appearance in the Appellate Court. If the accused appear on their own, the learned Magistrate need not wait for process to be issued or served upon the accused but shall admit them to such bails as he may deem fit. relying on the Judgment in Manohar M. Kulkarni v/s. State of Maharashtra, reported at 2005 Cri.L.J.4653 in view of the Judgment of the Supreme Court in ASHABAI MACHINDRA ADHAGALE Versus STATE OF MAHARASHTRA AND OTHERS, reported at (2009) 3 Supreme Court Cases 789 has been specifically overruled. . This is an application for anticipatory bail by a person, or who is/are arrested 6 who are arrested/apprehends arrest in connection with C.R.No. of for the offence punishable under Section .... of the Indian Penal Code registered with Police Station, seeks enlargement on bail. 2. Applicant's being at large may not prejudice a fair trial. 3. The learned Magistrate shall invest the said amount in interest earning deposit in a Nationalized Bank and deal with it at the end of the trial as per the result of the trial. If the amount is not so deposited, the order shall stand revoked. (i) The applicant shall report at the police station concerned from/on in between 10.00 a.m.to 1.00 p.m. for a period of one week and thereafter, as and when required by the investigating officer. (ii) The applicant shall make himself available for interrogation by a police officer as and when required. (iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts 7 of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) The applicant shall not leave India without the previous permission of the Court. (This para should be typed in the disposal application not in S.O.) 4. Criminal Application is disposed of. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court in AIR 2011 (SC) 312(Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). (R.C.CHAVAN, J.)