N.M. Kasliwal, J.
1. This is an application under Section 438 Cr. P.C. along with a prayer that in the facts and circumstances of this case if the application is not found maintainable under Section 438 Cr. P.C. then it may be treated as an application under Section 482 Cr. P.C. According to the facts mentioned in the application the petitioners were released on bail by the learned Judicial Magistrate vide his order dated 19th March, 1979, under Section 437 Cr.P.C., It is further submitted that the names of the petitioners did not find mention in the F.I.R, and the co-accused whose namas find mention in the F.I.R. were granted anticipatory bail from this Court on 15th April, 1980, and as such the case of the petitioners stands on much better footing than the other accused who have been granted anticipatory bail under Section 438 Cr.P.C. The necessity for filing this application for bail arose as the petitioners apprehend that the learned Magistrate will pass an order cancelling the bail granted in their favour at the time of committing the case to the Court of Sessions. The petitioners have filed certified copies of the orders dated 23-12-1980 & 6-1-1981 to show that the learned Magistrate will cancel the order on bail and arrest the petitioners. From a perusal of the two orders dated 23-12-80 and 6-1-81 it appears that the court only wanted to hear arguments and see the law on the point whether the accused petitioners can be taken under custody or not. In my view the apprehension of the petitioners that they would be arrested by the learned Magistrate is ill founded. The petitioners are already on bail in pursuance to an order of the Magistrate dated 19th March, 1979 and the other co-accused have already been released on anticipatory bail by the High Court on 15-4-1980, In these circumstances there does not arise any question of passing any order of arrest against the petitioners and the apprehension of the petitioners is ill founded. The application filed by the petitioners under Section 438 or 482 Cr.P.C. is premature and is not maintainable at this stage.
2. With the above observations the application is dismissed.