..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3038 OF 2008 Nitesh Subhash Singh. ..Applicant. Versus Versus Versus State of Maharashtra and Anr. ..Respondents. .... Mr.M.P.Mishra, Adv. for the applicant. Mr.K.V.Saste, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 2nd September, 2008. DATED : 2nd September, 2008. DATED : 2nd September, 2008. P.C.: 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. The applicant is seeking anticipatory bail in C.R.No.209 of 2008 of Nalasopara Police station. The said case is mainly under Section 498A of IPC. 3. The applicant had earlier preferred an application for anticipatory bail before the Sessions Court. The said application came to be rejected on 22.8.2008. The application was not rejected on merits, but, it was rejected on the sole ground that the applicant was directed to remain present, however, he did not remain present ..(2).. before the Court hence the application came to be rejected. 4. The learned Advocate for the applicant submitted that the applicant will remain present before the Sessions Court during the hearing as well as at the time of the final disposal of the application. In this view of the matter, I am inclined to pass the following order :- ORDER (i) Liberty is granted to the applicant to prefer an application for anticipatory bail before the concerned Sessions Court. On necessary application for anticipatory bail being preferred, the concerned Sessions Court shall hear the matter and dispose it of on merits. (ii) It is made clear that the applicant shall remain present before the Sessions Court during the hearing as well as at the time of final disposal of the application. ..(3).. (iii) It is further made clear that if the applicant fails to remain present before the Sessions Court as stated above, it would be open to the Sessions Court to reject the application on that ground itself. (iv) To enable the applicant to prefer necessary application for anticipatory bail before the concerned Sessions Court, I am inclined to grant interim protection in respect of arrest till 8th September, 2008. In the event of arrest, the applicant - Nitesh Subhash Singh to be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one or two sureties to make up the said amount. It is made clear that this order granting interim protection shall remain in operation only till 8th September, 2008. (v) Criminal Application is disposed of accordingly. ..(4).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)