1 Cri.A.4899.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4899 OF 2011 1. Fatma Chandkhan Pathan, 2. Fiozkhan Chandkhan Pathan, 3. Sohel @ Javed Chandkhan Pathan, All R/o Mukundnagar, Ahmednagar, ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.N.V.Gavare,Advocate for Applicants. Shri.B.V.Wagh,A.P.P. for Respondent-State. ... WITH CRIMINAL APPLICATION NO. 4418 OF 2011 1. Fatma Chandkhan Pathan, 2. Fiozkhan Chandkhan Pathan, 3. Sohel @ Javed Chandkhan Pathan, All R/o Mukundnagar, Ahmednagar, ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.N.V.Gavare,Advocate for Applicants. Shri.B.V.Wagh,A.P.P. for Respondent-State. CORAM: R.Y.GANOO, J. DATE : 15TH NOVEMBER, 2011. 2 Cri.A.4899.11 PER COURT : 1. Heard learned counsel for both sides. 2. By this application, the applicants want that they be released on bail, on account of Section 167(2) of the Code of Criminal Code, in connection with Crime No. I-291 of 2011 of Tophkhana Police Station, Ahmednagar, District Ahmednagar. It is to be noted that, the present applicants were arrested on 05.08.2011 and ninety days period expired and on ninety one day present applicants have filed an application before the learned Chief Judicial Magistrate, Ahmednagar for bail, as per the provisions of Section 167(2) of the Code of Criminal Procedure. The learned Chief Judicial Magistrate satisfied the need to grant bail as charge-sheet was not filed during mandatory period, therefore, he ordered that accused be released on bail in sum of Rs. 25,000/-with one solvent surety in like amount. 3 Cri.A.4899.11 3. It appears that the applicants were not happy with the order and wanted cash bail facility for two days, thereafter, in the after noon session they filed an application and prayed that cash bail facility will be granted for two days. At about 4.30 p.m. the charge-sheet came to be filed that is how the learned Chief Judicial Magistrate took a view that because the bail facility is not availed, he came to the conclusion that indefeasible right of the accused is also extinguished, therefore, passed an ordered and rejected the application. With this development, the applicants approached this Court for bail. 4. The orders passed by the Chief Judicial Magistrate dated 03.11.2011 granting bail and also order passed on the application for cash bail facility are annexed with the application. Perusal of the said orders, passed after filing of the charge-sheet,in my view would show that applicants request for cash bail facility came to be rejected and there is nothing on record to show that the 4 Cri.A.4899.11 bail granted earlier has been revoked. Hence, there is no need to pass fresh bail order, hence it will be open for the present applicants to avail bail,on the basis of order dated 03.11.2011, by way of which they were ordered to be released on bail of sum of Rs. 25,000/-. If the applicants file an application for surety before the appropriate Court, appropriate Court to pass appropriate orders on those applications. With this clarification this application stands disposed off. 5. In view of the order passed in Criminal Application No. 4899 of 2011, nothing further survives for consideration in Criminal Application No. 4418 of 2011, same stands disposed of accordingly. Sd/- [ R.Y.GANOO, J.] MTK 5 Cri.A.4899.11