1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 932 2010 Priyavanda Omprakash Selokar & 4 Ors. Vs. State of Maharashtra thr. PSO PS Palandur/Chau. Tah. Lakhani Distt. Bhandara Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri A. M. Quazi Adv for applicant. Shri D. P. Thakre APP for respondents. CORAM: C.L. PANGARKAR J. Dated: 23 rd JUNE, 2010. Heard learned counsel for the Applicant. This application has been filed for quashing the order passed by the Magistrate rejecting the application filed by the present applicant for surrender before him in an offence triable by the Sessions Judge. Learned counsel for the applicants brings to my notice that the applicants /accused were granted anticipatory bail and since the charge sheet has been filed they had surrendered before the Sessions Judge but the Sessions Judge had refused to accept their surrender and had rejected the bail application. Offence is triable by the Court of Sessions, therefore, the 2 accused were entitled to surrender before the Sessions Judge. Sessions Judge has right to deal with the application for bail that is filed by the accused before him. In the circumstances, the order passed by the Sessions Judge rejecting the surrender is set aside. If the applicants/accused appear before the Sessions Judge, Sessions Judge shall treat that accused had surrendered before him and he may pass appropriate orders on bail application that may be filed before him by the accused. Warrants issued against the present applicants/accused be therefore not executed until the Sessions Judge passes appropriate orders on bail applications filed by the present applicants. JUDGE svk 3 4 5