1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3423/2009 [THAWARDAS DAYALMAL BHATIYA VS.. STATE OF MAHARASHTRA ] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. Adwait Manohar, Advocate for applicant. Mrs. Joshi, APP, for respondent State. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 02, 2009. Heard. By the present application, the applicant/ accused apprehending arrest in connection with Crime No. 466/2009, has prayed for direction under Section 438 of Code of Criminal Procedure. The applicant has been protected by ad-interim order passed on 10th November, 2009. The reply submitted by the prosecution amongst others reveals that the applicant had filed an application of similar nature before the Court of Sessions at Wardha and during pendency of the said application, the applicant was protected by ad-interim order, however, the said application was dismissed by order dated 15.10.2009 on the count of applicant having failed to 2 remain present before said Court as directed, and as such direction be given to said Court for disposing said application on merits. Learned counsel for the applicant amongst others has urged that failure of the applicant to attend before the Court of Sessions was not intentional and he was prevented from attending the court due to viral fever. He further urged that the applicant would remain present before the Court of Sessions as and when directed. He further urged that in view of the reply filed by the prosecution, he may be given liberty to approach the Court of Sessions for making an application under Section 438 of Cr.P.C., as the merits of the matter has to be considered by the said Court, due to the reasons for which the application was dismissed. He has also requested for protecting him till he makes an appropriate application before the Court of Sessions. Having regard to the aforesaid, the applicant is permitted to file an application for a direction under Section 438 of Cr.P.C., before the Court of Sessions up till 7/12/2009. The interim protection granted by this Court vide order dated 10th November, 2009, to continue till the first order is passed upon such application preferred by the Court of Sessions. Needless to add that said protection to continue on same terms & conditions as imposed by the said order with a modification in the condition that during the said period the applicant shall attend the I.O for investigation 3 as and when summoned. Application stands disposed of on the aforesaid terms. JUDGE Rvjalit