Salauddin Abdulsamad Shaikh vs The State Of Maharashtra on 11 December, 1995
Shri B.B. Singh, learned counsel appearing for the
respondent-State, however, raised a legal objection. His
contention was that since the Court of first instance has taken
cognizance of the offence in question, Section 438 of the
Crl. P.C. cannot be used for granting anticipatory bail even
by this Court and the only remedy available to the appellants
is to approach the trial court and surrender, thereafter apply
for regular bail under section 439 of the Crl. P.C. In support
of this contention the learned counsel relied on the judgment
of this Court in the case of Salauddin Abdulsamad Shaikh vs.
State of Maharashtra (1996 (1) SCC 667).