..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1924 OF 2008 Shri Jameel K. Merchant. ..Applicant. Versus The State. ..Respondent. .... Mr.Shirish Gupte, Sr.Counsel for the Applicant. Mr.A.M.Mundargi, Counsel for M.H.Solkar for orig.complainant. Ms.P.P.Shinde, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 18th July, 2008. DATED : 18th July, 2008. DATED : 18th July, 2008. P.C.: 1. Heard the learned Counsel for the applicant-orig.accused, the learned Counsel for orig.complainant and the learned APP for the State. 2. The applicant is seeking anticipatory bail in FIR No.262 of 2007 of Malwani police station. The said case is mainly under section 307 of IPC. 3. The applicant had earlier preferred an application for anticipatory bail before the Additional Sessions Judge, Dindoshi, Goregaon (E), Mumbai. The said application for anticipatory bail came to be rejected mainly on the ground that the applicant was absconding and he was not available before the Court. Mr.Gupte states that infact the applicant was available when the applicant was being ..(2).. heard. However, this fact is disputed by the other side. In my view, the following order will meet the ends of justice : ORDER I. The applicant is granted liberty to prefer a fresh application for anticipatory bail before the Sessions Court. The applicant shall appear before the Sessions Court on 28th July, 2008. II. The learned Sessions Judge shall hear the matter afresh on merits and decide the same. III. As the applicant is to appear before the Sessions Court on 28th July, 2008, the applicant is granted protection from arrest on 27th & 28th July, 2008. It is made clear that the applicant shall attend the Sessions Court on all the dates, till the application is finally disposed of. IV. With the above directions, Criminal application is disposed of. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)