1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1429 OF 2010 IN CRIMINAL APPLICATION NO.4350 OF 2008 Bhau Pura Chavan ..Applicant V/s The State of Maharashtra and another ..Respondents ..... Mrs.P.B. Salunke holding for Mr.S.B.Kakade, Advocate for applicant. Mr.P.P. More, APP for respondents. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 27th April, 2010. PER COURT : 1. Heard Mrs.P.B. Salunke, learned counsel holding for Mr.S.B. Kakade, learned counsel for applicant as well as Mr.P.P. More, learned A.P.P. for respondents. 2. By the present application, applicant has prayed that the trial Court be directed to consider and decide his application for regular bail in R.C.C. No.4/2010 pending before the learned Judicial 2 Magistrate, First Class, Parli Vaijnath. 3. It appears that applicant had moved anticipatory bail application before this Court bearing criminal application no.4350/2008, which was allowed by order dated 22nd January, 2009 by this Court and it was made clear that the said order will remain in operation till filing of charge sheet and for further one week thereafter to enable applicant to file application for regular bail. Applicant had no knowledge of filing of charge sheet, as no notice is issued to him. It is contended that charge sheet has been filed on 05.01.2010 but applicant has not been served with any notice thereof by respondent no.1 nor he has received any summons from the Court. But when, applicant has got knowledge of filing of charge sheet, he immediately approached to the learned Judicial Magistrate, First Class as per order passed by this Court and tried to get regular bail, but trial Court expressed its inability to grant bail to applicant on 05.01.2010. 4. It is submitted that applicant is businessman 3 and he has apprehension that if the trial Court does not consider his regular bail application, he may be sent to M.C.R. and applicant would be unnecessarily harassed and humiliated. Hence applicant has preferred the present application. 5. In the light of aforesaid facts, present application deserves to be allowed and it is directed that applicant to surrender before the learned JMFC, Parali Vaijnath and file application for regular bail. Learned JMFC, Parli Vaijnath to decide application in accordance with law on the same day. In case any adverse order is passed against the applicant, protection is granted to applicant for a further period of one week to enable him to take further legal recourse for bail. The present application stands disposed of accordingly. (SHRIHARI P. DAVARE) JUDGE gas/cri1429.10