BA-804-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.804 OF 2011 Union of India ... Applicant V/s. Mohd. Hameed Mohd. Naseer Shaikh & Anr. ... Respondents Mr. F.E. Saldhana for the Applicant. Ms. Vijayalakshmi Nadar for Respondent No.1. Mrs. S.D. Shinde, APP, for Respondent No.2. CORAM:- A.M. THIPSAY, J. DATED :- 14 TH JUNE, 2011. P.C. : 1. Heard. 2. By this Application, the order of anticipatory bail passed on 16th May, 2011, by the Additional Sessions Judge, Thane, is sought to be got cancelled. It is not in dispute that the said order is only an interim order. 3. Mr. Saldhana, the learned Advocate for the Applicant, contends that even if it is an interim order, in the facts and circumstances, it being patently illegal, the Applicant is entitled to seek cancellation of the same. According to him, the Respondent No.1 has been involved in selling 18 kgs. of Hashish to the co-accused. 4. The provisions of Section 438 do not prevent the Court from passing an interim order without hearing the prosecution. Such order cannot be, BA-804-11.sxw 2 Dixit therefore, termed as 'patently illegal', though the question of propriety of passing such orders without hearing the prosecutor or the investigating agency can certainly be raised. 5. Mrs. Vijayalakshmi Nadar, the learned Advocate for Respondent No.1, states that the Anticipatory Bail Application has been kept for final hearing on 20th June, 2011. In the circumstances explained by her and after hearing Mr. Saldhana, it appears proper to me to direct that the Anticipatory Bail Application shall be finally heard on 16th June, 2011. Neither Mr. Saldhana nor Mrs. Vijayalakshmi Nadar has any objection for adopting such a course. 6. It is, therefore, directed that the learned Additional Sessions Judge, Thane, shall hear the Anticipatory Bail Application pending before him on 16th June, 2011, finally, instead of 20th June, 2011, which date has been fixed for such final hearing. For the convenience of the learned Counsel for the parties, it is directed that such hearing shall take place in the second session i.e. at 3:00 p.m. The learned Additional Sessions Judge, Thane, is expected to hear the Anticipatory Bail Application on that day and dispose it of finally. 7. The Bail Application stands disposed of with the aforesaid directions and observations. 8. Parties to act on a copy of this order, duly authenticated by the Sheristedar attached to this Court. [A.M. THIPSAY, J.]