appln-4906-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No.4906 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr S.R.Chitnis,Sr counsel with Mr S.V.Kotwal, for the Applicant. Mrs A.S.Pai, A.P.P.,for the State. Mr Satish Maneshinde with Snehal Khairnar for Respondent No.2. CORAM:- A.R. JOSHI, J. DATE :- 28TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for cancellation of bail already granted by the Sessions Court, Pune in the matter of offence punishable under Sections 406, 409 of I.P.C. Reportedly, as informed by the learned A.P.P. “C” summary is already filed being the matter of civil nature. Learned Senior counsel Shri S.R.Chitnis on behalf of the applicant-original complainant submitted that he can alternatively challenge the said “C” summary by filing appropriate proceeding and it can be done only when such notice of “C” summary will be served on the original complainant. Apart from this submission learned Senior counsel submitted that the present application for cancellation of appln-4906-09 bail may be favourably considered. 2. It is submitted on behalf of the original accused and also on behalf of the State that once “C” summary is already filed there remained nothing in the matter. However, it is further submitted that if aggrieved by such filing “C” summary, original complainant present applicant can take proper recourse by filing a protest petition. 3. Considering rival submissions, it would not be in the fitness of situation to allow the present application for cancellation of anticipatory bail. However, liberty is always open to the applicant – original complainant to challenge the filing of “C” summary before the appropriate Court after said “C” summary report is served on the applicant. Needless to mention that in the event of decision of such protest petition, the applicant can have recourse to any other redressal as advised. With these directions application is disposed of. (A.R.JOSHI,J) appln-4906-09