( 1 ) cria3967.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3967 OF 2011 Smt. Gayabai wd/o. Pandurang Dahifale .. Applicant Age. 35 years, Occ. Household & Business, R/o. Mohata Devi Gad, Tq. Pathardi, Dist. Ahmednagar. Versus The State of Maharashtra & Ors. .. Respondents Ms. S.K. Doke, Advocate for the applicant. Mr. K.S. Patil, A.P.P. for respondent/State. Mr. A.G. Ambetkar, Advocate for respondent Nos. 2 & 3. CORAM : R.Y. GANOO, J. DATED : 01.12.2011 P.C. :- 1. Heard learned advocates on both sides. The applicant wants that order dated 17.08.2011 passed by learned District Judge-3 and Additional Sessions Judge, Ahmednagar, in Criminal Bail M.A. No. 930 of 2011 should be set aside. I have heard learned advocates on both sides. The impugned order dated 17th August, 2011 was passed after interim anticipatory application was granted by order dated 20.07.2011. The affidavit in reply filed ( 2 ) cria3967.11 by the respondent is taken on record. 2. I have perused the order dated 17.08.2011. Reading of the said order clearly indicates that there is non-application of mind by learned District Judge-3 and Additional Sessions Judge, Ahmednagar, in as much as he has not mentioned the reasons as to why he is inclined to confirm the interim protection granted. He merely says as follows :- “On a careful consideration of the materials placed on record by the applicants as well as the State I find that interim anticipatory bail granted in favour of the applicants deserves to be confirmed subject to an addition of one more condition as detailed below.” 3. In my view, the aforesaid portion cannot be treated as reason for confirming interim protection granted. It was expected of the learned District Judge-3 & Additional Sessions Judge, Ahmednagar, to deal with the papers, which were produced before him and then pass short and speaking order. That not having been done the ( 3 ) cria3967.11 order dated 17.08.2011 will have to be set aside. Naturally, Criminal Bail M.A. No. 930 of 2011 will have to be restored to the file of learned District Judge-3 and Additional Sessions Judge, Ahmednagar. The learned District Judge-3 and Additional Sessions Judge, Ahmednagar shall hear present respondent and learned A.P.P. on merits and pass a speaking order. Needless to mention that till disposal of the aforesaid Criminal Bail M.A. No. 930 of 2011, interim protection granted by order dated 20.07.2011, below Exh. 4 shall continue. In view of above, following order is passed. 4. The order dated 17.08.2011 passed by learned District Judge-3 and Additional Sessions Judge, Ahmednagar, in Criminal Bail M.A. No. 930 of 2011 below Exh.1 is set aside. Said application is restored to file. Learned learned District Judge-3 and Additional Sessions Judge, Ahmednagar shall hear present respondents and the State and dispose of the said application ( 4 ) cria3967.11 positively by 23rd December, 2011. The interim protection granted to the respondent Nos.2 & 3 as per order dated 20.07.2011, below Exh.4 to continue till disposal of Criminal Bail M.A. No. 930 of 2011. 5. Parties to act upon authenticated copy of this order. [R.Y. GANOO, J.] snk/2011/DEC11/cria3967.11