M.Y.EQBAL, J. - (1.) HEARD the learned Counsel for the Petitioner and the learned Counsel appearing on behalf of the State.
(2.) THIS is an application for grant of anticipatory bail in connection with C.B.I. Case No. RC (4)/97 (D). The petitioner about 1 -1/2 years back moved an application for grant of anticipatory bail being A.B.A. No. 817/03 which was rejected on 10.9.2003 by passing the following order : "Heard both the sides. Earlier the prayer for anticipatory bail was rejected but the petitioner did not surrender in the Court below in compliance of the direction in that order, given six months back. In the meantime the petitioner says that in another case his statement under Section 164 of the Cr PC has been recorded and he has prayed for making him an approver and therefore he should be released on anticipatory ball because all the cases are on similar footing. Had the statement of this petitioner been recorded in this case also under Section 164 Cr PC at the behest of the CBI itself there would have been at least the scope of make him approver in this case also. What has happened in another case cannot be a precedent for this case. In this circumstance there is no ground for granting the petitioner anticipatory bail and the prayer for anticipatory bail is rejected. This time the petitioner is directed to surrender before the Court below within three weeks and if within three weeks the CBI gets the statement recorded under Section 164 of the Cr PC in this case then the learned Court below will consider this matter at the time of deciding the bail petition, if filed.
(3.) IN my considered opinion, once the prayer for bail of the petitioner is rejected the accused has not option but to surrender in the Court below and to make a prayer for regular bail. In spite of the direction given in the aforesaid order dated 10.9.2003 to surrender before the Court below within three weeks, the petitioner did not surrender rather again took a chance for grant of anticipatory bail.;