1appln-3289-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3289 of 2010 (FOR ANTICIPATORY BAIL) Ananta Khandu Laigude Vs. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Samir Vaidya, for the Applicant. Mr K. V. Saste, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 6th August, 2010. P.C.:- 1. After hearing rival submissions for some time on this application for anticipatory bail preferred by the applicant, a Chairman of Multipurpose Co-operative Society, it is thought fit that anticipatory bail application bearing No.790/2010 preferred before the learned Sessions Court, Pune is required to be restored to the file after setting aside the impugned order dated 9.4.2010. 2appln-3289-10 2. Apparently, allegations against the present applicant are that he had mis-used his authority as Chairman of the Society and obtained pecuniary advantage to the extent of Rs.8,720 for himself by signing at the back of the cheque which was payable to the original complainant, the first informant. The said amount of Rs.8720/- was payable to the complainant on account of waiver of agricultural loans as per the policy decision taken by the State Government and out of the loan amount of Rs.7,000/- the complainant had already paid the entire loan amount along with interest and as such was entitled for entire payment to be reimbursed. Earlier after filing the anticipatory bail application bearing No. 790/2010 before the Additional Sessions Judge at Pune, interim protection was granted on 11.3.2010 and directions were given to the applicant to remain present on the next date. When the matter was taken on 9.4.2010, the applicant remained absent and the following order came to be passed. "None present for the applicant today also. The applicant seems to have lost interest in pursuing application. Hence, application is dismissed for want of prosecution". 3. Admittedly, the above order is not on the merits of the matter and as such, as mentioned above, it is thought fit by this Court 3appln-3289-10 to remand the present matter to the concerned learned Additional Sessions Judge, Pune by restoring the dismissed for default application No. 790/2010. Hence, the following order. ORDER. (i) Impugned order dated 9.4.2010 dismissing for default the application of the present applicant for Anticipatory Bail Application No. 790/2010, is set aside. Application No. 790/2010 is restored and to be taken up before the learned Additional Sessions Judge for disposal of the said application according to law. The applicant to appear before the said Court on 12.8.2010. (ii) Learned Sessions Court which will be seized of the said application No.790/2010 shall deal with the said application, according to law, without being influenced by any observations made in the present order so far as the merits of the said application are concerned. (iii) In the mean time, protection already granted by the order dated 11.3.2010 shall continue. 4. Application is disposed of in terms of above order. (A.R.JOSHI,J) 4appln-3289-10 LRS-PA