1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APLICATION NO.3532/2009 (Bhaskar Motiram Khandare and ors. .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.Z. Sonbhadre, Advocate h/f Mr. M.V. Amle, Advocate for Applicants. Mr. D.P. Thakre, APP for the Respondent. .... CORAM : P.D. KODE, J. DATED : NOVEMBER 26, 2009 The learned counsel for the applicants has stated that the applicants had not attended the investigating officer as per the condition imposed vide order dated 7.11.2009 passed by Additional Sessions Judge, Khamgaon in view of such a condition being not informed to them by their Advocate and they had no sort of any intention either to flout the order passed by the Court or hamper the progress of the investigation. He has further stated that having regard to the same in interest of justice, he may be permitted to withdraw the present application and by way of one opportunity they may be given liberty to approach the Court of Session to apply afresh for anticipatory bail. He further states that in the meanwhile the applicants will abide by the conditions as would be imposed by the Court but having regard to ad- interim direction given on 7.11.2009 and application 2 being not rejected by Session Court upon considering merits, they may be protected during the period till they would be applying to the Court of Session for anticipatory bail. He further states that the applicants , if permitted, would be moving such an application on 1.12.2009. The learned APP thereon upon instructions from the I.O. present in the Court has stated that in view of statement made by applicants today, they would not be arrested till 1.12.2009. The statements made are accepted. The application stands disposed of as withdrawn with liberty as prayed for with direction to Court of Sessions that in event of preferring of any such application, the same be decided on it’s merits and uninfluenced by the reason of rejection of earlier application ordered on 13.11.2009. Hamdast allowed. JUDGE halwai