1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1192 OF 2009 1. Pravin Prabhakar Raut 2. Prashant Prabhakar Raut 3. Vishnu Narayan Raut 4. Suresh Namdeo Bhangrath 5. Somnath Kaluram Mali ..... Applicants. V/s The State of Maharashtra ...... Respondent. ----- Mr. R.D. Suryawanshi for the applicants. Mr P.B. Naiknaware for the original complainant. Mrs. M.H. Mhatre, APP for the State. ----- CORAM : V.M. KANADE, J. DATE : 16th March, 2009 P.C:- 1. This is an application for modification of the order passed by the District Judge dated 26/2/2009. By the said order, the learned District Judge was pleased to grant bail to the present applicants in the sum of Rs 25,000/- each with one or two sureties in the like amount. However, the District 2 Judge was pleased to direct that the said bail would operate till the next date of hearing in S.C. No.25 of 2009 or earlier in the event of the said matter is being transferred by the High Court to some other Court. The Sessions Court has further ordered that in the event the order of transfer is passed by this Court then the applicants shall surrender before the Court where the matter is transferred and file their bail application. 2. It appears that transfer application has been filed by the original complainant and the said transfer application is pending in this Court for quite some time. Since the transfer application was not finally disposed of by this Court, the Sessions Court appears to have passed the said conditional order, possibly, in order to ensure that no allegation is made against him. In my view, such an order is unsustainable in law. The Sessions Court while considering the application for bail under section 439 of the Criminal Procedure Code either can grant application for bail or reject it. The limited bail for temporary period till the next date of hearing, in my view, cannot be granted. Such an order can be passed only if an application for anticipatory bail is filed under section 438 of the Criminal Procedure Code. The said condition is, therefore, modified and it is clarified that the applicants be released on bail on their executing P.R. Bonds of Rs 25,000/- each with one surety in the like amount. It is always open for the complainant to file an application for cancellation of bail. If such an application for cancellation of bail is filed, 3 due notice be given to the applicants. The order of the Sessions Court is accordingly modified. 3. Application is allowed in the aforesaid terms and disposed of. (V.M. KANADE, J.)