IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Applications No. 3330 of 2009 Kishor v. State and anr ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Applicant in person Coram : A.P. Bhangale, J Dated : 22nd February 2010 1. Heard applicant in person. Applicant prays for cancellation of anticipatory bail granted by 10th Addl. Sessions Judge, Nagpur in favour of respondent no.2/accused in connection with Crime No. 234/09 registered under Sections 406, 420 IPC at Gitti Khadan Police Station, Nagpur subject to certain conditions that respondent no.2 shall attend Police Station on the given days; applicant shall not tamper with prosecution evidence and he will not leave India without prior permission of the Court. 2. Complainant appearing in person does not dispute that charge-sheet is filed in Crime No. 234/09 before the 10th Court of Judicial Magistrate, FC, Nagpur and according to learned Advocate the accused has not yet obtained regular bail from learned trial Court. 3. It is settled legal position of law that anticipatory bail under Section 438 Cr.P.C. at the stage of investigation is granted pending investigation and merely because the accused is armed with anticipatory bail order granted during the stage of investigation cannot avoid the regular court or the trial court. The accused is required to surrender to the custody of regular/trial court after he is charge-sheeted after completion of investigation and pray for bail on merit. Such plea for bail can be disposed of by the trial Court on the basis of material placed before it after conclusion of investigation in the case, in accordance with law. Respondent no.2, therefore, shall surrender to the custody of regular/trial court by 17th March 2010 and apply for bail on merit. The anticipatory bail which was granted in favour of respondent no.2 will continue until 17th March 2010. If respondent no.2 fails to surrender before the regular/trial court and apply for bail on merit on or before 17th March 2010, the benefit of anticipatory bail granted in his favour by 10th Addl. Sessions Judge, Nagpur by order dated 29.9.2009 in Misc. Criminal Application No. 1718 of 09 shall stand cancelled without further reference to the Court. Learned JMFC shall decide the application, if made, for grant of regular bail on its own merit. Application disposed of. Judge. Hsj