1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 651 OF 2010 Mohsin s/o Gaffar Shaikh ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri R.F.Totla, advocate for the applicant Shri K.S.Patil, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 18th March, 2010 PER COURT : 1 Heard learned Shri R.F.Totla, learned counsel for the applicant and Shri K.S.Patil, A.P.P. for the respondent. 2 By this application, again the applicant has prayed for anticipatory bail in the event of his arrest in connection with RTC No. 677 of 2009, although the anticipatory bail was already granted by this court to the applicant vide order dated 10.7.2007 in Crimijnal Application No. 2171 of 2007, as the said protection 2 was granted to the applicant till filing of the charge sheet. 3 It appears that now the charge sheet has been filed and summons has been issued to the applicant, but not served upon the applicant so far. Though the offence against the applicant is triable by the Judicial Magistrate, First Class and the application filed has to be decided on the very same day, yet, it appears that after filing the charge sheet, without surrendering before the learned Magistrate, the present applicant has again moved this court for his release on anticipatory bail. It is the apprehension of the applicant that the applicant would be taken into custody by the learned Magistrate like another accused namely Jawed, as when he surrendered before the learned Magistrate he was taken into custody by rejecting his application. 4 In the premises, without touching to the merits of the matter, the application is disposed of with directions to the applicant to surrender before the learned Judicial Magistrate, First Class concerned and to submit an application for regular bail. Learned Magistrate is directed to decide the said application, if filed, on the very same day of its presentation. The earlier protection granted to the applicant would remain in force for a period of one week from the date of presentation of the application for regular bail, to enable the applicant to file 3 appropriate proceedings before the competent court, if his application is rejected by the learned Magistrate. (SHRIHARI P. DAVARE, J.) dbm/crap651.10