1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPEALLATE SIDE, BENCH AT AURANGABAD Criminal Application No. 3886 of 2009 Anant s/o Manohar Khole ... Applicant V E R S U S The State of Maharashtra ... Respondent ... Mr. M. B. Sandanshiv, Advocate for applicant. Mr. N.N Jadhav, A.P.P. for respondent ... CORAM: K.U. CHANDIWAL, J. DATE: 17th December, 2009 PER COURT : 1. Heard. 2. The accused / applicant, whose pre-arrest bail application was rejected on 7th August, 2009, has again approached for releasing him on bail, in the event of arrest. 3. The learned counsel, while extensively arguing the matter, virtually touched merits and events, which, according to him, could show his bonafides in discharge of his duties, as the accused / applicant has activated prompt action against dereliction of duties by one of the employee Ashok Chavan, for which said Ashok Chavan has given writing dated 7th June, 2008. Even a criminal prosecution was initiated by present accused / applicant Anant s/o Manohar Khole against said Ashok Chavan, dated 26th September, 2008. 2 4. These aspects though are highlighted by the learned counsel, will not be coming within the bracket of change of circumstances to re-open the issue before this Court. 5. The other point argued by the learned counsel is, release of the so-called main culprit Ashok Chavan by the learned J.M.F.C., vide order dated 16th September, 2009. Said accused Ashok Chavan was in fetters from 16th June, 2009, the investigator did not discharge his obligation to file a final report in schedule. As mandated in Section 167 (2) (a) (i) of code of Criminal Procedure, the order by the learned J.M.F.C. was certainly within the terms, which enabled said Chavan to enjoy indefeasible right to seek bail. It was not a case of pre-arrest or release. Release of said Ashok Chavan by iteself will seldom translate into change of circumstances to take its benefit in terms of Section 438 of Code of Criminal Procedure. Therefore, the application is rejected. 6. The superior authorities of the police to look into the dereliction of duty apparently demonstrated by the investigator in not filing the final report, within the statutory period, thereby enabling bail benefit and protection to said accused Ashok Chavan. ( K.U. CHANDIWAL, J.) srm/cra3886/09 3 4