1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3422 OF 2009 Onkar S/o Matharji Gaikwad and others Versus The State of Maharashtra. *** Mr. P. F. Patni, Advocate for the Applicants. Mr. D. R. Korde, A.P.P. for the Respondent / State. *** CORAM: K. U. CHANDIWAL, J. DATED: 7th OCTOBER, 2009. 1. Heard. Learned A.P.P. waives service. Papers are available. The accused seeks protection in terms of section 438 Cr.P.C. in Crime No.I-115 of 2009 registered at Kannad Police Station, district Aurangabad for the offence under section 498-A, 306, 323, 504, 506 of IPC. 2. There was an application moved by the accused/ applicant being Application No.1078 of 2009 and the learned Additional Sessions Judge, Aurangabad directed release of the accused/ applicants in the event of arrest for a period of one 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. month or till filing charge sheet. Since there was no charge sheet, the accused/ applicants, after expiry of one month, moved the learned Additional Sessions Judge-IV, Aurangabad with subsequent application in Bail Application NO.1347 of 2009. The learned Sessions Judge has observed, the applicants should have moved an application for regular bail, before the Court and since it is not availed, the application for pre-arrest bail was rejected. 3. The counsel reiterate that charge sheet is not filed, confirmed by learned A.P.P. In the situation, I do not find any justification in the order dated 9th September, 2009 recorded by learned Additional Sessions Judge-IV, Aurangabad. Hence, the order. 4. The accused/ applicants be released on their furnishing P.R.Bond and surety in the sum of Rs. 15,000/- each [Rupees fifteen thousand only, each] in Crime No.I-115 of 2009 registered at Kannad Police Station, till filing of charge sheet 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. The accused/ applicants shall report the investigating officer on every Sunday between 09.00 a.m. to 12.00 p.m. till filing of charge sheet. 6. Application is allowed in above terms. [K. U. CHANDIWAL, J.] Dated:07/10/2009. ans/3422