IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH:NAGPUR CRIMINAL APPLICATION NO.1668/2008 Nitin Ingole ..vs.. State = ================================ CORAM: S.R. DONGAONKAR, J. DATE:6.6.2008 Heard Mr. Kariya, Advocate for the applicant and Mr. Sonare, A.P.P. for state. This is an application u/s 438 of Cr.P.C. for grant of bail. Applicant is apprehending arrest for the offence u/s 341, 294, 506(B) and 324 r/w 34 of I.P.C. in Crime No.59/2008 of P.S. Frezarpura, Amravati. It is pointed out by learned counsel for the applicant that the applicant's application for grant of anticipatory bail was rejected by the trial Judge on the ground that he remained absent on the date of hearing. In this behalf it is necessary to see the observation of the learned trial Judge which reads: “Applicant no.1 Nitin Ingole disobey the direction of the court by remained absent on the date of hearing, he is not entitled for confirmation of ad-interim anticipatory bail granted to him earlier.” It does appear that the applicant's case was not considered by the trial Judge on merits. It is therefore, necessary to direct learned trial Judge to decide the application of applicant on merits. Hence liberty to applicant to move the learned Additional Sessions Judgfe, Amravti for grant of anticipatory bail on merits within a period of five days. If such application is made, it would be decided by the learned trial Judge within a period of 15 days thereafter on merits. In this view of the matter, applicant is granted protection from arrest for five days. Application stands disposed of. JUDGE smp