1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION No.3119 of 2009 (Bharat Bhimrao Chavan and others vs. The State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.M.Godsay, Adv., for the applicant. Mr. S.G.Nandedkar, APP, for respondent/State. ... CORAM: K.U.CHANDIWAL, J. DATE:11/9/2009 ... P.C.: 1. Heard Mr. Godsay, Counsel for the accused/applicants. 2. The accused/applicant seeks to recall the order of this Court recorded on 2nd Sept.,2009, passed in Criminal Application No. 1548/2009 whereby bail granted to applicants by learned Additional Sessions Judge, Shahada, is cancelled and directed them to surrender. 3. In the alternative, the 2 Counsel prays time to surrender may be extended by three weeks to enable the applicants to approach the Hon'ble Apex Court against the order passed by this Court dt.2nd Sept.,2009. 4. The order cancelling bail in Criminal Application No. 1548/2009 speaks for itself. I do not see any reason to recall it. The purported surrender of the accused/applicant in application No.18/2009, when the bail application was made before learned Additional Sessions Judge, , on perusal of the notings of the learned Judge, I find, on 26.2.2009, the accused/applicants, at the time of presenting the application were not present. 5. On the next date, also they were not present. It was on 4th date, i.e. 5th March, 2009, that the accused/applicants with their Counsel were present. The Government Pleader was also present. 3 6. Reading the order, I find there was no surrender in terms of Section 439 of Cr.P.C. as the very application is totally silent to this effect. This is also one more straw on the camel's back which also needs consideration. Both the orders of learned Judge do not deal with documents and shaky absurd findings are recorded at prima facie stage. 7. The fact remains, since the applicant desires to challenge the order dt.2nd Sept.,2009, time to surrender extended till 1st Oct.,2009. Application disposed of. (K.U.CHANDIWAL) JUDGE ... agp/3119-09crapl