K. U. Chandiwal, J. - (1.)Heard. By the present Criminal Application, the applicant Smt. Padmabai has prayed for quashing and setting aside the order dated 3rd January, 2013 below Exhibit6 in RCC No.2/2013 passed by the learned Judicial Magistrate, First Class, 3rd Court, Paithan. Order:
" In the present case, charge sheet has been filed on 2.1.2013, and today accused is furnishing bail, therefore, in such circumstances, considering legal position, right of accused to furnish bail, has stood forfeited as soon as charge sheet is filed. Hence, following Order; Application stands rejected."

(2.)The said order was confirmed in Criminal Revision on 11.12.2013.
(3.)Mr.Gore, while extensively arguing the matter, placed reliance to the judgments of the Hon'ble Supreme Court, in the matter of, a) Uday Mohanlal Acharya Vs. State of Maharashtra, 2001 AIR(SC) 1910 b) Bipin Shantilal Panchal Vs. State of Gujrath, 1996 AIR(SC) 2897; and c) Sayed Mohd. Ahmed Kazmi Vs. State, GNCTD and Ors., 2012 AIR(SCW) 6026.
According to learned Counsel, when the application for bail was moved in terms of Section 167(2)(a)(ii) of Cr.P.C., the learned Judge directed release of the applicant on bail. On the same day, the charge sheet has been filed. According to him, since the learned Judge had directed the applicant to be released on bail, his rights for bail are indefeasible in view of the above referred legal position.