1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3450 /2009 [Mohd. Maqsud Shaikh s/o Abdul Azim Shaikh VS. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. P S Tiwari,Adv. for applicant Mr A.S. Fulzele APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 18, 2010. Heard. 2. Benefit of interim anticipatory bail was granted in favour of the applicant herein, by an order dated 27th November, 2009, of course, subject to certain conditions including that of attendance to Investigating Officer(I.O.) every day between 11.00 a.m. & 1.00 p.m, if required by the I.O. Learned Advocate for the applicant contended that the applicant has attended the I.O. As directed; was and is willing to cooperate with the investigating machinery. It is also brought to my notice that the applicant has filed Special Civil Suit No. 1049/2009 against Mohd. Shamim s/o Mohd.Quasim and Ramnath Pathak with a prayer for declaration that document dated 21.2.2009 is illegal, improper, null and void and consequent injunction to restrain defendants or any person claiming under them, from obtaining forceful possession of the suit plot. Thus, now, civil 2 dispute is pending between the parties. 3. Under these circumstances, the benefit of interim anticipatory bail can continue in favour of the applicant until final report is filed by the I.O. concerned. If final report is filed, the regular court may deal with the application on merits, considering the facts and circumstances of the case. The applicant shall formally surrender before the regular court upon filing of final report, apply for bail on merits in accordance with law. Interim anticipatory bail is, therefore, confirmed accordingly. Application stands disposed of. JUDGE sahare