1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Writ Petition No.637 of 2008 With Criminal Writ Petition No.638 of 2008 Mr.Rinki Shashikant Gandhi Petitioner Vs. State of Maharashtra & anr. Respondents Mr.S.V.Marwadi i/b. Mr.S.P.Narkar for petitioner. Mrs.M.H.Mhatre, APP for State. CORAM: B.H.MARLAPALLE, J. April 25, 2008 P.C. 1. Heard Mr.Marwadi, the learned counsel for the petitioner - original accused no.11 in CC. Nos. 1056/SS/05 and 1057/SS/05. Three of the accused i.e. accused nos.2, 8 and 11 submitted an application under Section 317 of Cr.P.C. praying for exemption from personal appearance before the learned Special Metropolitan Magistrate and the said application has been partly allowed by the impugned order dated 10/3/2008 thereby granting exemption to accused no.8 2 - M.S.Thakur. The prayer of the present petitioner - Rinki Gandhi has been turned down by the learned Special Metropolitan Magistrate solely on the ground that in the order passed by this Court on 22/10/2007 in Writ Petition No.1884 of 2007 the undertaking given by the learned counsel for Rinki Gandhi was noted and to the effect that he would remain present before the trial Court and extend co-operation to the trial Court for early disposal of pending cases. It appears that para 3 of the order passed on 22/10/2007 escaped the attention of the learned Special Metropolitan Magistrate and in the said para it was specifically stated that in case Mr.Rinki Gandhi applied for permission to travel abroad, the said application would be decided by following the law laid down in the case of Bhaskar Industries Ltd. Vs. Bhiwani Denim & Apparels Ltd. & ors. [(2001) 7 SCC [(2001) 7 SCC [(2001) 7 SCC 401] 401] 401]. 2. Hence it is directed that if Mr.Rinki Gandhi applies afresh to the learned Special Metropolitan Magistrate under Section 317 of Cr.P.C, the said application will be considered as per the law laid down in the case of Bhaskar Industries Ltd. Vs. Bhiwani Denim & Apparels Ltd. (Supra), as has been 3 stated in the order dated 22/10/2007 passed by this Court and the said application will be decided within a period of four weeks after its presentation. 3. Petitions are disposed off in terms of the above. (B.H.MARL