1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1257 OF 2009 Mr. Kuditipudi Murali Venkata Krishna Rao ..... Applicant. v/s The State of Maharashtra ..... Respondent. Mr. Uday Prakash Warunjikar for the applicant. Mrs. M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. DATE : 3rd April , 2009 P.C:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. This is an application for anticipatory bail. Applicant is aggrieved by the order passed by the Sessions Court, rejecting his application for anticipatory bail only on the ground that the applicant had taken undue advantage of the interim protection given by the Court. Counsel for the applicant invited my attention to the earlier order which was passed by the Court dated 10/02/2009 in which, after giving 2 directions to the applicant to report to the police, the matter was adjourned to 21/02/2009 and, thereafter, on the very next date, after making the aforesaid observations, his application was dismissed. 3. In my view, the learned Counsel appearing on behalf of the applicant is justified in pointing out that the Sessions Court had patently erred in making those observations since the order granting interim protection was passed on the earlier date i.e on 10/02/2009 and on the very next date i.e on 21/12/2009, the court has observed as under:- “ Number of time opportunities were given to the applicant to assist the investigation officer in further investigation of the crime; after extending interim protection. Inspite of giving protection, the applicant failed and neglected to abide himself by the orders of the Court.” 4. There is clearly an error apparent on the face of the record. The order passed by the Sessions Court, therefore, is set aside and the matter is remanded to the Sessions Court. The Sessions Court shall decide the application expeditiously and in accordance with law. Interim protection granted by the Sessions Court on 10/02/2009 to continue. Applicant shall cooperate with the police. Applicant has 3 already attended the Police Station pursuant to the directions given by this Court on 19/03/2009. 5. Application is disposed of. (V.M. KANADE, J.)