1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3300 /2009 [ State of Maharashtra vs. Rajesh Shivcharan Bhendarkar ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. K S Dhote, APP for applicant -State Mr Vishwarupe, Adv.for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 16, 2010. Heard. 2 By this application, the applicant-State of Maharashtra prays for cancellation of anticipatory bail which was granted in favour of Shri Rajesh Shivcharan Bhendarkar for offence punishable under section 409 IPC etc. arising from Cr.No. 75/2007 registered at Desaiganj Police Station. The anticipatory bail was granted by learned 1st Ad-hoc Additional Sessions Judge, Gadchiroli on 14.9.2007 which is sought to be canceled on the ground that the accusations are serious. According to learned APP, the respondent was directed to attend Desaiganj Police Station on each Sunday between 11.00 a.m. and 2.00p.m. and to cooperate with the investigating machinery in investigation till 14.10.2007. It is also submitted that for the grant of anticipatory bail by the learned Ad-hoc Addl. Sessions Judge Gadchiroli was erroneous as there was an audit in respect of misappropriation of the amount and the learned Judge 2 ought not to have granted bail. On the other hand, it is contended on behalf of the respondent/accused that the accused had obeyed the conditions of anticipatory bail and is ready to apply for bail on merits when the charge- sheet would be filed in the trial Court. 3. Even otherwise, the order of anticipatory bail is granted in favour of the accused for temporary duration during the stage of investigation and when charge-sheet is filed, the accused is expected to approach the trial Court and apply for regular bail on merits. Considering the statement made on behalf of the accused that he will apply for bail on merits when the charge-sheet would be filed before the trial Court, the prayer for cancellation of anticipatory bail would not survive. Hence the present application is rejected, with further direction that the accused who was granted benefit of anticipatory bail shall cooperate with the investigation till charge-sheet is filed and shall appear before the trial Court, surrender and apply for bail on merits when charge sheet is submitted before the trial Court. With above observations, Application is disposed of accordingly. JUDGE sahare