[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.661 OF 2008 Nasaroddin Imam Mutawalli and two others ..Applicants Vs. State of Maharashtra ..Respondents ... Mr.V.V.Purwant advocate for applicants Mr.A.S.Shitole A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. By order dated 11.12.2008, the applicants came to be released on anticiaptory bail by the learned Addl. Sessions Judge, Kolhapur in CR No.132 of 2008 of Akkalkot North Police Station. It is under Sections 409 and 420 of IPC. In the said order dated 11.12.2008, the learned Sessions Judge observed that anticipatory bail will remain in force till 23.12.2008 and the applicants were directed to surrender before the concerned Judicial [-2-] Magistrate F.C. and apply for regular bail in the aforesaid crime on or before 23.12.2008. It was further observed that the learned Judicial Magistrate F.C. will be at liberty to decide the application for regular bail on its own merits. 3. The learned advocate for the applicants submitted that case is also under Section 409 of IPC which attracts punishment upto life imprisonment, hence, the learned Magistrate would not have power to grant bail and only the Sessions Court would have the power to grant bail. Therefore, if the applicants surrender before the learned Magistrate, in view of this legal position, the learned Magistrate would not be able to grant him bail and application of the applicants would be rejected and the applicants would be taken into custody. Hence, he has prayed that the applicants be directed to surrender before the concerned Sessions Court instead of the learned Magistrate. 4. The learned APP has stated that as the offence is triable by the learned Magistrate, hence, it is appropriate that that the applicants surrender before the Magistrate. In view of the above [-3-] controversy, in my view, the following order would meet the ends of justice. ORDER 5. The applicants to surrender before the concerned Judicial Magistrate and apply for regular bail. If the order passed by the Magistrate is against the applicants, the said order shall not be acted upon for a period of three days so as to enable the applicants to approach the Sessions Court. The time period mentioned in the order of learned Magistrate dated 11.12.2008 is extended till 2.1.2009. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]