1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3628 OF 2009 John Henry Rodeiques ........ Applicant versus The State of Maharashtra ........Respondent. Mr. R.D. Soni i/b J.K. Hegde adv. for the Applicant Mr. Y.M. Nakhwa APP. for the Respondent/State. Mr. D.A. Nalawade for Union of India CORAM: A. P DESHPANDE, J. DATED : 14th August, 2009. P. C.: 1. Heard the learned counsel for the parties. By the present application the applicant is seeking exemption from personal appearance at the time of hearing of the Misc. Application no. 49/09 pending on the file of Sessions Court, at Silvassa, Dadra and Nagar Haveli. The applicant apprehending arrest in C.R. No. 155/09 for offence punishable under sections 420, 464, 465, 467, 468, 471, 477-A, 408 read with 120-B of IPC, moved an application before the Sessions Court under section 438 of Cr.P.C, and prayed for grant of anticipatory bail. On the first date when the application for exemption was made the court did grant the same. However when on the next day similar application was moved, the same came to be rejected. The learned counsel for the 2 applicant undertakes on behalf of the applicant that the applicant would remain present before the Sessions Court when application under Section 438 Cr.p.C. would be fixed for hearing and would continue to remain present till disposal of the said application. The learned counsel for the respondent in all fairness submits that till the decision of the application under section 438 Cr.P.C. by the Sessions court, the applicant will not be arrested. In that view of the matter the present application stands disposed of by directing the applicant to remain present at the time of hearing of the application under section 438 of Cr.P.C. before the Sessions court. The respondent shall not arrest the applicant till the application is decided by the Sessions Judge. Application stands disposed of. (A. P. Deshpande, J.)