IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 997 OF 2009 CRIMINAL APPLICATION NO. 997 OF 2009 CRIMINAL APPLICATION NO. 997 OF 2009 1. Mr.Aslam Sorathia, 2. Shri Brijesh Yadav ...Applicants vs. The State of Maharashtra ...Respondent Mr.Shrish Gupte, Senior Cousnel i/b. Mr.Prakash Naik for the Applicants. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 5, 2009 DATED : MARCH 5, 2009 DATED : MARCH 5, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for anticipatory bail. 2. The application has been filed directly in this Court. The learned APP has raised a preliminary objection regarding the maintainability of the application. There are number of judgments of this court wherein it has been held that even if the application is filed directly in this court, it cannot be said to be not maintainable. However, by way of convention, a practice has been followed in this court that ordinarily the application should be filed first before the Sessions Court and thereafter, if it is not entertained or is rejected, the applicant would still have a right to approach this court unless there are - 2 - exceptional circumstances under which the applicant’s application should be entertained directly by this Court. 3. In the present case, it is submitted that the Investigating Officer has, at a subsequent stage, added the names of the present applicants to the remand application and therefore, apprehension has been expressed that they may be arrested in connection with the said offence. The learned Senior Counsel fairly submitted that they have no apprehension from the learned Magistrate or the Special Court. 4. Under these circumstances, it would be appropriate if the applicant approaches the Sessions Court. In the meantime, the seven day’s time is given to the applicants to approach the Sessions Court. In the meantime, the applicants shall not be arrested for a period of seven days from today in connection with C.R.No.I-32/2009 registered with Nalasopara Police Station. - 3 - 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)