IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1733 OF 2008. CRIMINAL APPLICATION No. 1733 OF 2008. CRIMINAL APPLICATION No. 1733 OF 2008. Karbhari Sawaliram Dhikale ..Applicant. Vs. State of Maharashtra ..Respondent. Mr M. S. Karnik, Advocate for the Applicant. Mr S. S.Pednekar, A.P.P. for the State. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 26.6.2008. DATED: 26.6.2008. DATED: 26.6.2008. P P P.C. C. C. 1. Heard learned counsel for the applicant and the learned APP for the State. 2. Perused the application and material available on record. 3. The applicant has moved the present application under Section 438 of Cr.P.C. for anticipatory bail in C.R. No. I-31 of 2008 for the offence punishable under Sections 363,302, 201 read with Section 34 of the I.P.C. registered with Vavi Police Station, Taluka Sinnar, District Nashik. 4. The learned A.P.P. appearing for the State submitted that the allegations made against the acused are serious one. The deceased was kidnapped with certain ulterior motive and, ultimately, he was killed. He further submits that the accused caused disappearance of the evidence of the offence committed. 5. Since I am not inclined to accept the prayer for anticipatory bail, I propose to follow the route adopted by the Apex Court in the orders passed in Petitions for Special Leave to Appeal (Cri) Nos.4479/2008; 4486/2008; 4490/2008 dated 9th June, 2008 (unreported); wherein the Apex Court, while rejecting the prayer for protection under section 438 of Cr.P.C., has directed the petitioners therein to surrender before the concerned Court and move for regular bail with direction to the Court to dispose of the application on the day it is presented provided advance intimation is given to the prosecution. 6. Following the above route, the application for anticipatory bail is rejected. 7. At this stage, the applicant undertakes to surrender before the Regular Court within ten days from today. Statement made in this behalf is taken on record. The applicant is permitted to surrender before Regular Court within ten days from today and move for regular bail, till then he need not be arrested. Needless to mention that before the application for bail is moved, the prosecuting agency will be given 72 hours advance intimation as to the date on which the application is proposed to be moved. The regular bail Court shall be free to consider the question of grant of regular bail on its own merits. The concerned Court would do well to dispose of the application on the day it is presented. 8. In the result, application is disposed of in terms of this order. 9. It is needless to mention that rejection of prayer to grant anticipatory bail in terms of section 438 of Cr.P.C. shall not be considered as expression of opinion on the merits of the case. The regular bail Court shall be free to consider the question of grant of regular bail on its own merits. JUDGE JUDGE JUDGE