Honble GUPTA, J.–These two miscellaneous petitions have been directed for modification in the order dt. 27.10.98 and 29.10.98 passed by the learned Addl. Sessions Judge No.2, Chittorgarh whereby he granted anticipatory bail to the petitioners. (2). Mr. Mehta submits that the learned Addl. Sessions Judge while granting anticipatory bail has not granted some time to the petitioner for moving to the higher court in case their application for regular bail is rejected by the Magistrate. Relying on the case of K.L. Verma vs. State (1), he prays that some time should be granted to the petitioners for moving the higher court in case their application for regular bail is rejected by the Magistrate. (3). Learned Public Prosecutor submits that the learned Addl. Sessions Judge was justified in ordering that the anticipatory bail shall be effective only upto the completion of the investigation in view of the observations of the Apex Court in the case of Salauddin Abdulsamad Shaikh vs. State of Maharashtra (2). (4). I have carefully gone through the rulings cited at the Bar. (5). In the case of Salauddin Abdulsamed (supra) the Apex Court has observed that anticipatory bail is granted in anticipation of arrest in non-bailable cases, but that does not mean that the regular court, which is to try the offender, is sought to be bypassed. It was directed that the anticipatory bail should be of a limited duration only and ordinarily on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to the regular court to deal with the matter on an appreciation of evidence placed before it after the investigation has made progress or the charge sheet is submitted. These observations came to be explained by their lordships in the subsequent judgment of K.L. Verma (supra) in which it has been observed that the limited duration must be determined having regard to the facts of the case and the need to give the accused sufficient time to move the regular court for bail, and to give the regular court sufficient time to determine the bail application. Their lordships further observed that the anticipatory bail may be granted for a duration which may extend to the date on which the application for regular bail is disposed of or even a few days thereafter to enable the accused persons to move the higher Court, if they so desire.
Their lordships further observed that the anticipatory bail may be granted for a duration which may extend to the date on which the application for regular bail is disposed of or even a few days thereafter to enable the accused persons to move the higher Court, if they so desire. If is manifest that the observations made in Salauddin Abdulsamad have been explained in the later ruling of the Apex Court. (6). In view of the observations made in the case of K.L. Verma (supra) it is desirable that whenever anticipatory bail is granted to an accused, normally some further time should be given to him to move to the higher court in case his applica- tion for regular bail is rejected by the first court. (7). Looking to the facts of the instant case, I deem it proper to modify the order suitably. (8). Consequently, the petitions are allowed. The orders passed by the learned Addl. Sessions Judge are modified. It is directed that the anticipatory bail granted to the petitioners will enure till the regular court decides the question of grant of bail and for a week thereafter so that if the regular court refuses bail, the accused persons may, if so advised, move the higher Court.