{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3856 OF 2009 Gopinath s/o Baburao Devgiri & others APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.B.R.Waramaa, Advocate for applicants Mr.N.B.Patil, APP for respondent No.1. State Mr.S.S.Patil, Advocate for respondent No.2. ....... [CORAM : A.V.POTDAR, J.] DATE: 25th January 2010 PER COURT: 1. By this application, the applicants have prayed to quash and set aside the proceedings of RCC No.8/2009 pending against the applicants on the file of JMFC, Yaval. 2. At the outset, it is informed that now the charge sheet is filed, after completion of investigation. In the premise learned counsel for applicants pray to allow the applicants to withdraw the application with liberty to move discharge application before the trial court. Leave granted. The application stands disposed of as {2} withdrawn with the aforesaid liberty. 3. However, difficulty is expressed by the learned counsel for the applicants that due to illness, applicant No.2 is unable to appear before the learned JMFC, Yaval in view of service of summons of hearing. Procedure is laid down under Criminal Procedure Code as how to apply before the JMFC in such contingency. In the premise directions to the learned JMFC, Yaval to sympathetically consider the application, if moved by applicant No.2 to accept the surety in absentia and then to consider the application in accordance with law, however sympathetically and on humanitarian grounds. [A.V.POTDAR, J.] drp/A10/criapln3856-09