1 ABA 349.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 349 OF 2011 Sandeep C. Desai. ... Applicant. V/s. The State of Maharashtra (Through Akluj Police Statiion, Akluj, Dist. Solapur). ... Respondent. Mr. Surel Shah for the Applicant Mr. K.V. Saste, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 15th JUNE 2011. P.C. :- Heard Mr. Shah, learned Advocate for the Applicant and Mr. Saste, learned APP for the State. 2. It cannot be said that a prima-facie case does not exist against the Applicant. The suspicion that is felt at this stage against the Applicant, is reasonable and justified. 3. The main contention, that is advanced by the learned Advocate for the Applicant is, that the offences punishable under Section 7 of the Essential Commodities Act are bailable. In support of this proposition, he relied on a decision of this Court in Criminal Application No.2592 of 2010, decided on 25th 2 ABA 349.11.sxw May 2010. When it was pointed out that if, the offences in question are bailable, then no application for anticipatory bail can lie, it was submitted that though the offences are bailable, the Police or the Lower Court would not understand this legal position and that, therefore, this Court should protect the Applicant by grant of anticipatory bail. 4. Such argument cannot be accepted. It is for the Applicant to explain the legal position – which he believes to correct - before the concerned Authorities/Court. 5. I do not find that any case for anticipatory bail is made out. 6. At this stage, the learned Advocate for the Applicant seeks permission to withdraw the anticipatory bail application and states that he would surrender before the Court and make an application for bail. 7. The application is allowed to be withdrawn and dismissed as such. 8. On the prayer of Mr. Shah, it is directed that interim protection that has been granted to the Applicant, shall stand extended till 20th June 2011. (A.M. THIPSAY,J.) 3 ABA 349.11.sxw