JUDGMENT 1. - This S.B. Criminal Misc. Petition under section 482 Cr.P.C. has been filed by Smt. Nandu W/o Shri Laxmi Narayan Acharya with a prayer that in case regular bail application is rejected by the learned Magistrate, the petitioner may be granted appropriate time thereafter for approaching the higher Court. 2. The facts giving rise to this misc. petition are as under : 3. That this Court on 18.7.2000 in a case pertaining to FIR No. 112/2000 of the Police Station Gangrar, Distt. Chittorgarh for offences under sections 363 & 366 IPC granted anticipatory bail to the petitioner and it was further ordered by this Court that the order by which anticipatory bail was granted to the petitioner shall remain effective only till the result of investigation is submitted in the Court. 4. Now the petitioner has apprehension that the police is going to file challan and as such the petitioner will have to apply for regular bail. Since, the alleged offences are triable by the learned Sessions Judge and as such, the learned Magistrate in whose Court the challan would be filed may not grant regular bail on the ground that the offences are triable by the learned Sessions Judge. Therefore, because of this apprehension this petition has been filed for extending time. 5. The Hon'ble Supreme Court in the case reported in 1999 Cr.L.R. (SC) 37 has observed that in such case, time should be allowed to be given to the accused so that he can move the appropriate Court and bail should be extended till the upper Court decides the application for regular bail. Relying on this ruling, this Court took the same view in the case of Gatubai v. State of Rajasthan reported in 1998-99 (Supp.) Cr.L.R. (Raj.) 402 . 6. Since law is very much clear on the above point and looking to the averments made by the petitioner, it appears that this petition should be allowed and accordingly, it is allowed and it is ordered that the order dated 18.7.2000 passed by this Court in S.B. Criminal Misc. Bail Application No. 1902/2000 is modified to the extent that anticipatory bail granted to the petitioner by that order shall remain in force till the regular upper Court decides the question of grant of bail to the petitioner in case the bail application filed by the petitioner is rejected by the Magistrate. Bail Application No. 1902/2000 is modified to the extent that anticipatory bail granted to the petitioner by that order shall remain in force till the regular upper Court decides the question of grant of bail to the petitioner in case the bail application filed by the petitioner is rejected by the Magistrate. In other words, in case, the regular first Court refuses the bail application of the petitioner, the petitioner shall not be arrested and for that 15 days time shall be given to the petitioner for approaching the upper Court and during that period, it will be deemed that she is on anticipatory bail. 7. With the above observations, this misc. petition is allowed.Petition allowed. *******