1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 3276/2009 (BHIMRAO BALCHANDRA BODADE VS. STATE OF MAHARASHTRA) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. None for Applicant. APP for respondent State. CORAM : A.P. BHANGALE, J. DATED : JANUARY 27, 2010. 1. By this application, applicant prays for bail. 2. Learned counsel for the applicant remained absent, as also the applicant. 3. Learned APP opposed grant of bail on the ground that the applicant is not in custody but he was directed to surrender before the learned J.M.F.C. Telhara, in which Court charge sheet was submitted against him under Section 498-A and 304-B of I.P.C. 4. Perused the order dated 5.9.2009 passed in M.C.R.A. Nos. 68/2009 and 113/2009. Since plea for bail was rejected and the accused was given time to surrender before learned J.M.F.C. Telhara, the court in 2 which charge sheet was submitted, it was obligatory upon the applicant to surrender before J.M.F.C Telhara and then apply for regular bail, which could be decided strictly on merits in accordance with law. 5. Learned APP has brought to my notice that earlier when learned Additional Sessions Judge, Akot, Distt. Akola, passed order dated 27.07.2009, the applicant left the court and absconded although he was directed to wait till the orders are passed and communicated to him. 6. Thus, for the reasons best known to the applicant, he had no bonafides to surrender to the custody of the Court, as he left the Court. For such conduct of the applicant, I think he cannot avoid process of law as first & foremost he shall submit himself to the custody of the Court and then apply for regular bail on merits. 7. Under these circumstances, this Court by order dated 6th August, 2009, directed the applicant to approach learned Additional Sessions Judge, Akot, for cancellation of warrant against him and also adduce explanation and advance submission on the point of law. Since the applicant has been directed to approach the Court concerned before whom charge sheet is submitted i.e. J.M.F.C. Telhara, the applicant can no more avoid the process of law and no fault can be found with the order dated 6.9.2009 passed by learned Additional Sessions Judge, Akot, Distt. Akola, directing the 3 applicant/accused to surrender before learned J.M.F.C. Telhara, before whom charge sheet in the case was submitted. 8. Since it is a sessions case triable exclusively by the Court of Sessions, the case can be committed to the Court of Sessions and further direction may be issued to the applicant as court considers. 9. It is made clear that applicant has remedy to apply for bail on merits, which can be considered by the regular court in accordance with law. Application stands disposed of. JUDGE Rvjalit.