1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 2304 /2009 [Mallti Shivprasad Amge and others 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 G S Bapat, Adv. for applicants Mr C N Adgokar, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : MARCH 10, 2010 . Heard. 2 By this application, the applicants pray for cancellation of anticipatory which was granted by learned Addl. Sessions Judge-8, on 21.5.2009 in respect of Crime No.39/2009 registered at Kuhi Police Station. 3 The Investigating Officer is present pursuant to direction by this Court. He states that charge-sheet is already submitted in this Court of JMFC Kuhi on 28.1.2010. That being so, all legitimate grievances regarding breach of conditions of anticipatory bail as also grievance regarding investigation done or not done etc. can be brought to the notice of the learned trial Judge. It is instructive to note that relief of anticipatory bail under section 438 Cr.P.C., is provisional in nature operating at the stage of investigation when an accused is apprehending his arrest. Such a relief is granted for the time being and after the charge-sheet is filed, the accused are expected to surrender themselves before the 2 trial Court and apply for regular bail on merits in accordance with law. Since in the present case charge- sheet is already filed on 28.1.2010, the accused shall approach the trial Court with plea for bail on merits within 15 days from the date of communication of this order. Learned Advocate for the applicants shall communicate this order to Respondents 2 to 4. They shall apply for regular bail on merits which the trial Court i.e. JMFC Kuhi shall decide on its own merits and in accordance with law, without being influenced by any observations made by the learned Addl. Sessions Judge. Application is disposed of accordingly. JUDGE sahare