IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 562 OF 2008 Balkrishna Maroti Solanke and another ..vs.. State of Maharashtra. --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 26 th FEBRUARY, 2008. Criminal Application No. 647/2008 Heard Shri S. A. Mohta learned counsel for the applicant and Shri D. B. Yengal, learned A.P.P. for respondent-State. The learned counsel for the applicant states that he would file certified copy within three days. On such undertaking, the application stands disposed of as the typed copy of the same is already on record. Criminal Application No. 562/2008 Heard Shri S. A. Mohta learned counsel for the applicant and Shri D. B. Yengal, learned A.P.P. for respondent-State. This is an application under Section 438 of Cr. P. C. for anticipatory bail. In the present case as per order of the trial Court two co-accused have been released on bail as the charge sheet has not been filed within 90 days. The charge sheet is yet to be filed. The learned A. P. P. has contended that the applicants were absconding. It appears that Investigating Officer has not taken any steps to verify whether the applicants were doing service in military. In these circumstances, they can not be said to be absconding, only on the submission. As the charge sheet is yet to be filed and in fact the co-accused have been released on default bail. In these circumstances, anticipatory bail to the applicants can not be denied. In the event of arrest of the applicants for the offences punishable under Sections 498-A, 302 read with 34 of IPC in Crime No. 261/2007 of Police Station Akot, each of them be released on bail on furnishing surety and PRB of Ra.20,000/- subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall attend the police station on 1st Sunday of each month, between 1 to 2 p. m. till the charge sheet is filed. The application stands disposed of Hamdast allowed. JUDGE jsa.