[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3009 OF 2008 Nandkumar Suresh Kedari and one another ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Rakesh Bhatkar Advocate for Applicants Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 28, 2008 DATE : AUGUST 28, 2008 DATE : AUGUST 28, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in CR No.20 of 2008 of Jaigad Police Station, Ratnagiri. The learned APP seeks time to take instructions till 8.9.2008. The learned advocate for the applicants states that in the meantime, the applicants may be protected. 3. The applicants had earlier preferred anticipatory bail application before the Sessions [-2-] Court at Ratnagiri. In the said case, the learned APP filed written application asking for presence of the applicants at the time of final hearing of the anticipatory bail application. When the Court expressed that both the applicants shall remain present before the Court at the stage of final hearing of the anticipatory bail application, the learned advocate for the applicants expressed his inability to secure their presence before the Court. In view of these facts, the learned Sessions Judge rejected the application for anticipatory bail. 4. It is seen that the application for anticipatory bail was not rejected on merits but it was only rejected on the ground stated above. The learned advocate for the applicants has submitted that the applicants are willing to remain present before the Court at the time of hearing of their anticipatory bail application. In view of this statement, in my opinion, an opportunity ought to be given to the applicants to prefer a fresh application for anticipatory bail before the concerned Sessions Court. In order to enable the applicants to prefer the necessary application for [-3-] anticipatory bail before the Sessions Court, I am inclined to grant interim protection in respect of arrest to the applicants till 8.9.2008. 5. In the event of arrest, each of the applicant nos.1 and 2 i.e. applicant no.1-Nandkumar Suresh Kedari and applicant no.2-Prasad Anant Zagade be released on bail in the sum of Rs.10,000/- (Rs.ten thousand only) with one or two sureties to make up the said amount. 6. It is made clear that the applicants shall remain present before the Sessions Court at the time of hearing and final disposal of their anticipatory bail application. The learned Sessions Judge shall decide the said application on merits without being influenced, in any way, by order dated 19.8.2008. 7. It is made clear that this order shall remain in force till 8.9.2008. 8. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]