IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1136 OF 2008 CRIMINAL APPLICATION NO. 1136 OF 2008 CRIMINAL APPLICATION NO. 1136 OF 2008 Shankar Vishnu Warghade. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Jayesh B. Kocheta for the applicant. J.P.Yagnik, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 21st April 2008. DATED: 21st April 2008. DATED: 21st April 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The learned counsel for the applicant submits that the application for bail moved before the trial Court was rejected on erroneous presumption that the applicant- accused did not surrender before the trial Court. He submits that the applicant had submitted before the trial Court for the purpose of obtaining bail. He, however, makes a statement that he will surrender before the trial Court for the purpose of obtaining bail. 3. In the above view of the matter, by consent of parties, impugned order dated 22nd November, 2007 passed is Criminal Bail Application No.3061/2007 is set aside and the said bail application is restored to file of the trial Court with direction to take the said application for hearing afresh and dispose it of with expeditious despatch, preferably, on the same day in the light of the judgment of this Court (D.G.Karnik, J.) dated 28th February, 2008 in the case of Criminal Application No.35/2008 (Ritesh Prem Gayal v. Sr.Inspector of Police, Pune) (unreported). Learned counsel for the applicant undertakes to produce copy of this judgment before the trial Court. 4. The learned A.P.P. is directed to instruct his counterparts not to seek any adjournments and go on with the matter. Learned counsel for the applicant also undertakes to give 48 hours advance notice to the Government pleader. Both learned counsel for the applicant and learned A.P.P. undertake to communicate this order to the trial Court as well as to the investigating agency. All rival contentions are kept open. 5. Application stands disposed of in terms of this order. JUDGE JUDGE JUDGE