IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4128 OF 2009 Madan Chandan Meher ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Rahul Thakur, Adv. for the applicant. Mr.J.P.Yagnik, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: This is an application for anticipatory bail filed by the applicant as his prayer for interim protection till decision of the anticipatory bail application was rejected. In the submission of the learned counsel for the applicant, the applicant is working as clerk-cum-typist in CIDCO office since 1989. A crime has been registered with Kharghar police station for the offence punishable under sections 420, 467, 468, 471 read with section 34 of IPC on the FIR lodged by one Abdul Jabar vide crime No.I-144/09. Apprehending arrest in the crime stated here in above the applicant moved an application under section 438 of Criminal Procedure Code and also prayed for interim protection till decision of the main application. As interim protection was refused this Court is moved in the matter. In the submission of the learned counsel the reason for rejection of the interim protection prayed by the applicant is that the applicant was not cooperating with IO by reporting to the police station. Learned counsel has placed on record a remand report dated 7.9.09 wherein it is stated that the applicant had attended 1 the police station on 26.8.09, 27.8.09 and 28.8.09 and was interrogated. The submission is that on erroneous factual premise the interim prayer was rejected. In the above set of facts limited prayer is pressed in service by learned counsel for the applicant seeking protection till main application for anticipatory bail is heard and decided by the Sessions Judge. I am informed at the Bar that the application of the applicant moved under section 438 of Cri.P.C. before the Sessions Judge is listed for hearing on 23.9.09. In that view of the matter and in the interest of justice I grant protection to the present applicant for a period of 10 days during which period Sessions Judge shall decide the application pending on his file and scheduled to be heard on 23.9.09. In the result I pass the following order: Applicant-Madan Chandan Meher is granted anticipatory bail for a period of 10 days. The application of the applicant fixed for hearing on 23.9.09 shall be decided expeditiously and at any rate within 10 days from today for which period this order shall operate. Hence in the event of arrest of the applicant-Madan Chandan Meher during the aforesaid period of 10 days he shall be released on bail on executing personal bond in the sum of Rs.25,000/- with one or two sureties in the like amount. The applicant shall abide by the conditions stipulated in section 438(2) of Criminal Procedure Code. Application stands disposed of. 17.9.2009. 2