1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CRIMINAL APPLICATION NO.42/2010 Applicant :- Abdul Wasique Abdul Haji, aged 35 years, Occupation : Private Service resident of Khair Mohammad Plots, Akola, P.S. Old City, Akola. ...Versus... Non-applicant :- State of Maharashtra, through its P.S.O., P.S. Civil Lines, Akola. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- [Shri A.S. Mardikar, Adv. for applicant] [Shri A.D. Sonak, APP for non-applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 18.01.2010 1. This Criminal application is directed against the order dated 31.10.2009 made by the Ad-hoc Additional Sessions Judge, Akola extending the interim bail in anticipatory bail application till 15.12.2009 with liberty to move for regular bail. 2. The order does not show whether anticipatory bail application has been disposed of or not. 3. Learned A.P.P. for non-applicant states that missing woman is still not traced and there is evidence to show that there was communication between her and the present applicant. He, therefore, submits that police custody remand of the applicant is required. 2 4. In view of the fact that anticipatory bail application has not been decided by the learned Sessions Judge, it is not possible to consider the request made by learned A.P.P. here and the only way out is to press the said request before the learned Sessions Judge. In the result, I make the following order. O R D E R (i) Parties are directed to appear before the learned Ad-hoc A.S.J., Akola on 20.01.2010 and both parties are at liberty to canvass their respective case before the learned Sessions Judge, who shall take decision on the application for anticipatory bail or granting police custody remand as the case may be on or before 25.01.2010. (ii) In no case matter shall be adjourned. (iii) The Investigating Officer may produce husband of the missing woman before the Court, if so advised. (iv) Interim protection granted by this Court to continue till decision of the application by the learned Sessions Judge. Misc. Criminal Application stands disposed of. Registrar (Judicial) to communicate this order to the concerned Judge by fax/telephone. JUDGE SSW