RITESH PREM GAYAL Vs. SENIOR INSPECTOR OF POLICE

JUDGEMENT

(1.) HEARD.

(2.) BY these applications under Section 439 of the Code of Criminal Procedure (for short "the Code"), the applicants seek bail in connection with an offence registered at c. R. No. 109 of 2006 with Saswad Police station, Pune punishable under Sections 306 and 506 read with 34 of the Indian Penal Code.

(3.) APPREHENDING her arrest, Snehlata vikram Kamble, the applicant in Application no. 36 of 2000, had previously made an application for anticipatory bail before the Sessions Court, Pune. By an order dated 10th October, 2006, the Additional Sessions judge allowed the application and granted pre-arrest bail to her in the sum of Rs. 10,000/ -. However, the application made by ritesh Gayal, the applicant in Application no. 35 of 2008, was rejected by the Sessions court. He therefore moved this Court for anticipatory bail. By an order dated 22nd december, 2006 passed in Criminal Application no. 4568 of 2006, this Court (Coram : S. C. Dharmadhi-kari, J.) granted him prearrest bail in the sum of Rs. 10,000/- with a direction that the order would enure to his benefit only till the charge sheet was filed. The Court further directed that thereafter he would be free to apply to the appropriate court for regular bail. The direction that the order of anticipatory bail would be limited till the charge sheet was filed was issued in accordance with the law laid down by the Supreme Court in Salauddin Abdul samad Shaikh v. State of Maharashtra, AIR 1996 SC 1042. Therein the Supreme Court has held that the order for an anticipatory bail should be of a limited duration and ordinarily on expiry of that duration or extended duration, the Court granting anticipatory bail should leave it to the regular court to deal with the matter of grant of bail on appreciation of evidence placed before it after the investigation had made progress or the charge sheet was submitted.