1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3270 /2009 [Dharmu Suka Mankar 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. O K Masurke, Counsel for applicant Mr S B Ahirkar APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 18, 2010. This application was, in fact, dismissed for want of prosecution as back as on 15th October, 2009. Thereafter it appears that my Brother ( P D Kode, J) was pleased to restore it, by order dated 2nd December,2009. 2. Heard submissions. 3. The applicant is seeking anticipatory bail in connection with Crime No. 62/2008 which was reported at Gondia (Rural) Police Station on 22nd March 2008 for offence punishable under section 302 read with section 34 of the IPC. The complaint was lodged by one Smt. Pushpabai Rathod widow of the deceased as regards the merciless murder committed by an unlawful assembly. It is alleged by the eye witness who had an occasion to see the incident, that the applicant was armed with stick; had uttered the words instigating others to kill Bahadursingh who was assaulted until he died. Under these circumstances, the applicant can not, by remaining 2 absconded, seek anticipatory bail order in order to use it as a shield against heinous crime like murder. Hence application cannot be entertained. Since it appears that according to prosecution the final report is already led before the learned JMFC Gondia and now it is sessions Trial No. 71/2009, the applicant has the only remedy to surrender before the Sessions Court and then to apply for bail, on merits. If such an application is moved after surrender of the applicant, the trial Court shall deal with the same, of course, in accordance with law on merits. The application is rejected. JUDGE sahare