1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3914 OF 2008 Uday Dasharathrao Patil .. Applicant Versus The State of Maharashtra & Ors. ... Respondents. ... Mr. Prashant P. Kulkarni, for the applicant. Mrs. M.R. Tidke, APP for the Respondent No.1. None for the Respondent No.3. CORAM : D.G. KARNIK, J. DATED : 9th March 2010 P.C. 1. Heard the learned advocate appearing for the applicant and the learned APP for Respondent Nos.1 and 2. The Respondent No.3 and his Advocate are absent when the matter was called out. They were also absent on the last occasion. 2. By this application, the applicant seeks cancellation of the order of pre-arrest bail passed by the Addl.Sessions Judge, Malshiras on 23.9.2008. I have perused the order of the pre-arrest bail. It is of 2 unlimited duration. It virtually prevents the Investigating Officer to arrest the respondent no.3 for all times to come. The Supreme Court has held that order of pre-arrest bail ordinarily should not be for unlimitated period but may be limited in time. Usually orders for pre- arrest bail are passed during the investigation and once the chargesheet is filed, the applicant is required to apply for a regular bail which on the basis of material on record can be considered by the trial court on its own merit. Therefore, the order of grant of pre-arrest bail is required to be set aside and/or modified. 3. Hence, I pass the following order: i) The order dated 23.9.2008 passed by the Addl. Sessions Judge granting pre-arrest bail for unlimited period of time is set aside. ii) Respondent No.3 is granted one week’s time to appear before the trial court and apply for regular bail. If such an application is made within a week, the trial Court shall consider the same on its own merits. In that event the respondent shall not be taken in custody till the decision of the application. iii) If no application for bail is made within a week thereof the trial court shall issue appropriate orders to take 3 the respondent no.3 in custody. iv) The application is disposed of. (D.G. KARNIK,J.)